Legal Definition and Related Resources of Attachment
Meaning of Attachment
The seizure or taking of property for the purpose of placing same under the control of the court and held to satisfy a judgment to be obtained. Russell v Fred G. Pohl Co., 80 A.2d 191, 7 N.J. 32. The origin of the word has been traced remotely to the Latin verb attingo and also to the French word attacher, which signifies to take or touch. Buckeye Pipeline Co. v Fee, 62 Ohio St. 543, 57 N.E. 446. An involuntary disposition of the defendÂant prior to any adjudication of the rights of the plaintiff , that is, a seizure in advance of trial and judgment. See union Bank and trust Co. v Edwards, 281 Ky. 693, 137 S. W.2d 344; also Russell v Fred G. Pohl Co., ( supra ). Procedural in character and a remedy or part of a remedy for the collection of a debt. Mclnnes v McKay, 141 A. 699, affirmed McKay v Mclnnes, 299 U.S. 820.
Attachment Alternative Definition
Taking into the custody of the law the person or property of one already before the court, or of one whom it is sought to bring before it. A writ for the accomplishment of this purpose. This is the more common sense of the word. Of Persons. A writ Issued by a court of record, commanding the sheriff to bring before it a person who has been guilty of contempt of court. Of Property. A writ issued at the institution or during the progress of an action, commanding the sheriff or other proper officer to attach the property, rights, credits, or effects of the defendant to satisfy the demands of the plaintiff. The original design of this writ was to secure the appearance vf one who had disregarded the original summons, by taking possession of his property as a pledge. 3 Bl. Comm. 280. By an extension of this principle, in the New England states, properly attached remains in the custody of the law after an appearance, until final judgment in the suit. See 7 Mass. 127. In some states, attachments are distinguished as foreign and domestic, the former issued against a nonresident of the state, the latter against a resident. Where this distinction is preserved, the foreign attachment inures solely to the benefit of the party suing it out; while the avails of the domestic attachment may be shared by other creditors, who come into court and present their claims for that purpose.
Adoption Legal Definition of Attachment
The ability of a child to form significant and stable emotional connections with other people, beginning in early infancy with one or more primary caretakers. Failure to establish such connections before the age of five may result in difficulties with social relationships as severe as reactive attachment disorder.
Learn more with the Adoption Thesaurus
What does Attachment mean?
A policy modification which changes, restricts or clarifies coverage
Attachment Legal Definition
The plaintiff gets a lien on the defendant’s property.
Synonyms of Attachment
(Act of affixing), noun
- adjunction
- affixation
- annexation
- annexion
- attaching
- binding
- bond
- cohesion
- confixation
- conjunction
- connection
- fastening
- fixing
- insertion
- joinder
- joining
- junction
- ligation
- nexus
- subjunction
- that which attaches
- tie
- Associated Concepts: attachment of a security interest
- garnishment
- in rem jurisdiction
- provisional remedy
- quasi in rem jurisdiction
(Seizure), noun
- annexation
- apprehending
- confiscation
- deprivation
- deprivement
- disownment
- dispossession
- distrainer
- distraint
- distress
- divestment
- embargo
- execution
- expropriation
- foreclosure
- garnishment
- impoundage
- impoundment
- impressment
- seizing
- sequestration Associated Concepts: ancillary attachment
- attachment execution
- attachment of persons
- attachment of property
- attachment proceedings
- attachment to obtain jurisdiction
- attachment upon mesne process
- body attachment
- execution
- extraordinary remedy
- lien or incumbrance
- proceeding in rem
- property subject to attachment
- provisional remedy
- sequestration
- writ of attachment
- wrongful attachment
(Thing affixed), noun
- accessory
- addendum
- additum
- adjunct
- affixture
- annex
- appendage
- appendix
- appurtenance
- fixture
- postfix
- supplement
- supplementary device
Related Entries of Attachment in the Encyclopedia of Law Project
Browse or run a search for Attachment in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.
Attachment in Historical Law
You might be interested in the historical meaning of this term. Browse or search for Attachment in Historical Law in the Encyclopedia of Law.
Legal Abbreviations and Acronyms
Search for legal acronyms and/or abbreviations containing Attachment in the Legal Abbreviations and Acronyms Dictionary.
Related Legal Terms
You might be also interested in these legal terms:
Mentioned in these terms
Garnishment, Natural Allegiance, Stamp.
Translate Warrant of Attachment from English to Spanish
Translation of Warrant of Attachment , with examples. More about free online translation into Spanish of Orden de confiscación and other legal terms is available here.
- Orden de confiscación
- Legal English Translation
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Attachment in the Dictionary | Attachment in our legal dictionaries | Browse the Legal Thesaurus | Find synonyms and related words of Attachment |
Legal Maxims | Maxims are established principles that jurists use as interpretive tools, invoked more frequently in international law |
Legal Answers (Q&A) | A community-driven knowledge creation process, of enduring value to a broad audience |
Related topics | Attachment in the World Encyclopedia of Law |
Notice
This definition of Attachment is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
Vocabularies (Semantic Web Information)
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Topic Map | A group of names, occurrences and associations |
Topic Tree | A topic display format, showing the hierarchy |
Sitemap Index | Sitemap Index, including Taxonomies |
https://legaldictionary.lawin.org/attachment/ | The URI of Attachment (more about URIs) |
English Legal System: Attachment
In the context of the English law, A Dictionary of Law provides the following legal concept of Attachment :
A court order for the detention of a person and/or his property. Attachment can be used by the courts for the punishment of *contempt of court. However, the most common form of attachment is attachment of earnings, by which a court orders the payment of judgment debts and other sums due under court orders (e.g. maintenance) by direct deduction from the debtor’s earnings. Payment is usually in instalments, and the debtor’s employer is responsible for paying these to the court.
See also garnishee proceedings.
Meaning of Attachment in the U.S. Legal System
Definition of Attachment published by the National Association for Court Management: Taking a person’s property to satisfy a court-ordered debt.
Concept of Attachment in the context of Real Property
A short definition of Attachment: An act of seizing persons or property by judicial order to bring them within the custody of the court. Most commonly the seizure of property to furnish security for a debt in connection with a pending action.
Attachment in legal terminology means a preliminary legal seizure of property to force compliance with a decision which may be obtained in a pending suit.
Concept of Attachment in the context of Real Property
A short definition of Attachment: An act of seizing persons or property by judicial order to bring them within the custody of the court. Most commonly the seizure of property to furnish security for a debt in connection with a pending action.
Attachment in legal terminology means a preliminary legal seizure of property to force compliance with a decision which may be obtained in a pending suit.
Definition of Attachment
The Canada social science dictionary [1] provides the following meaning of Attachment: The degree to which an individual has affective ties to other persons. In Travis Hirschi’s work, aspects of the ‘social bond’.
Attachment: Resources
Notes and References
- Drislane, R., & Parkinson, G. (2016). (Concept of) Attachment. Online dictionary of the social sciences. Open University of Canada
Attachment in Maritime Law
Note: There is more information on maritime/admiralty law here.
The following is a definition of Attachment [Translation of Attachment in Spanish: Detención Or Inmovilización] [Translation of Attachment in Italian: Sequestro] [Translation of Attachment in German: Beschlagnahme] in Spanish: “Detención” Or “Inmovilización”] [Translation of Attachment in Spanish: Detención Or Inmovilización] [Translation of Attachment in Italian: Sequestro] [Translation of Attachment in German: Beschlagnahme] in Italian: “Sequestro”] [Translation of Attachment in Spanish: Detención Or Inmovilización] [Translation of Attachment in Italian: Sequestro] [Translation of Attachment in German: Beschlagnahme] in German: “Beschlagnahme”], produced by Tetley, in the context of admiralty law: The term used in the United States for the procedure known in French in civil law jurisdictions as the “saisie conservatoire” (see this maritime law term in this legal dictionary). See for example, Swift & Co. Packers v. Compania Colombiana Del Caribe S. A., 339 U.S. 684, 1950 AMC 1089 (1950). See Supplemental Rule B of the Supplemental Rules for Certain Admiralty and Maritime Claims (see this maritime law term in this legal dictionary)and the “general maritime law” (see this maritime law term in this legal dictionary) of the United States. In the U.S., Rule B attachment, joined to an action in personam, permits specified assets of the defendant (real or personal, moveable or immoveable) to be seized by the court at the beginning of the saisie conservatoire or during a suit, as security for the plaintiff’s claim, in cases where the defendant cannot be found in the judicial district concerned. See Tetley, M.L.C., 2 Ed., 1998 at pp. 938-941; Tetley, Int’l. M. & A. L., 2003 at pp. 408-409.
The attachment has also existed under Roman-Dutch law in South Africa since November 1, 1983. See Shipping Corp. of India v. Evdomon Corp. 1994 (1) SA 550 (App. Div.).
Concept of “Attachment, Attachiamentum”
Traditional meaning of attachment, attachiamentum in English (with some legal use of this latin concept in England and the United States in the XIX Century) [1]: (in Latin) 1. A process of taking into custody a person or property; it issues from courts of record in cases of contempt; see 39 Pa. 50; Robinson’s Elementary Law Rev. ed.; § 299. If issuing only against the person, it is called personal attachment; see 3rd Book (“Of Private Wrongs”), Blackstone’s Commentaries on the Laws of England 280; 4 id. 283. 2. Attachment of goods, taken either as security or to give jurisdiction of an action against a foreigner, in which latter case it was called Foreign attachment. This existed in old English law, and is now common in some of the Eastern States. 3. Foreign attachment: a process, arising out of a custom of London, by which the debtor’s goods or debts were reached by the creditor in the hands of a third person. Called also Factorizing or Trustee process, or Garnishment. All these writs of attachment were issued at the institution or during the process of an action in a court of record. Attachment of privilege: a process whereby a man privileged to litigate in a certain court (as attorneys and officers in their own court) calls another into that court to answer to some action. Also, a writ issued
to apprehend a person in a privileged place. Attachments, Court of: see the entry on types of courts, 75.
Resources
Notes and References
- Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Attachment, Attachiamentum”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.
See Also
Attachment in Admiralty Law
For information on attachment in this context, see the entry on attachment in the maritime law encyclopedia.
Attachment
Attachment
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