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Attachment is a legal process by which a court of law, at the request of a creditor, designates specific property owned by the debtor to be transferred to the creditor, or sold for the benefit of the creditor. [1] A wide variety of legal mechanisms are employed by debtors to prevent the attachment of their assets.
The writ of attachment is issued in order to satisfy a judgment issued by the court. A prejudgment writ of attachment may be ordered in a legal action where a plaintiff has demonstrated meritorious allegations, fraud in the underlying action, or that defendant may attempt to dispose of or hide assets from the court.
A writ of attachment. In common law, a writ (Anglo-Saxon gewrit, Latin breve) [1] is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and certiorari are common types of writs, but many forms exist and have existed.
The lawsuit also asks for a prejudgment writ of attachment against Young’s property. A writ of attachment means a lien can be placed against your real estate or your property can be seized and ...
Attachment under Rule B is similar to the procedure of saisie conservatoire available under French law. [4] It has its origins in the former British procedure of admiralty attachment, [5] which was still in existence at the time of the American Revolution but fell into disuse in the United Kingdom at the end of the 18th Century. [6]
The other type of garnishment, also known as attachment (or attachment of earnings), requires the garnishee to deliver all the defendant's money and/or property in the hands of the garnishee at the time of service of process to the court, to be paid over to the plaintiff. Since this type of garnishment is not continuing in nature, but is not ...
A fieri facias, usually abbreviated fi. fa. (Latin for that you cause to be made), is a writ of execution after judgment obtained in a legal action for debt or damages for the sheriff to levy on goods of the judgment debtor. [1] [2] The term is used in English law for such a writ issued in the High Court.
Bahio amovendo, a writ to remove a bailiff from his office for want of sufficient land in his bailiwick. [1]Beaupleader [3]; Besayle is a writ directed to the sheriff, in case of an abatement or disseisin, to summon a jury to view the land in question, and to recognise whether the great grandfather died seised of the premises, and whether the demandant be his next heir.