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Simple English definitions for legal terms

writ of attachment

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A quick definition of writ of attachment:

A writ of attachment is a legal order that allows a sheriff or marshal to take someone's property early in a court case to make sure the person who filed the case gets paid if they win. The person who filed the case must meet certain requirements and show that they will probably win. The court must also make sure the person who owns the property is treated fairly. If the person who filed the case wins, the property will be used to pay them. If they lose, they may have to pay the person who owns the property.

A more thorough explanation:

A writ of attachment is a legal order that allows a plaintiff to seize a defendant's property early in a case to ensure that the plaintiff can receive adequate damages. This means that if the plaintiff wins the case, they can use the seized property to pay for the damages. However, the court must ensure that the defendant's due process rights are protected.

In order to receive a writ of attachment, the plaintiff must meet certain requirements. For example, the claim against the defendant must be on a contract, for a specific amount of money, and not a fully secured debt. Additionally, the plaintiff must show that they are likely to win the case and that there is a special need to ensure damages can be paid.

Both federal and state governments allow writs of attachment in different circumstances. For example, if a business owes money to another business, the creditor can request a writ of attachment to seize the debtor's property. However, the court may require the plaintiff to post a bond in case they lose the case and the defendant is harmed by the writ of attachment.

Due process typically requires a court hearing with notice given to the defendant. However, in some circumstances, a court may issue a writ of attachment without notice if the plaintiff can prove with a high level of certainty that they will win the case and that they could not be effectively compensated for damages without the writ.

For example, if a contractor is owed money by a homeowner for work done on their house, the contractor may request a writ of attachment to seize the homeowner's property. If the court approves the writ, the contractor can seize the property and sell it to pay for the damages if they win the case.

writ | writ of certiorari

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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
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