What is an attachment in civil law?

An attachment in civil law is an order by a court granting a creditor the right to seize money, property, or other assets from a debtor. This type of order is commonly issued to protect the creditor’s interests if the debtor is in danger of defaulting on the debt. Attachments are different from garnishments because, while garnishments can take money out of a debtor’s wages, attachments can take other types of property, such as a car or house. In California, a court will issue an attachment order when a creditor can show that a debtor may not be able to satisfy a debt judgment. The court also considers any special circumstances involved, such as the debtor’s financial situation. The creditor can then file an application to have the assets frozen or taken away. The court may also order the debtor to post a bond, usually equal to the amount of the debt, to protect against any potential losses. In some cases, a writ of attachment can be issued in order to prevent the debtor from disposing of their assets before a court order is issued.

Related FAQs

What is the purpose of a discovery in civil law?
What is the doctrine of stare decisis in civil law?
What is attorney-client privilege in civil law?
What is a stipulation in civil law?
What is an injunction in civil law?
What is a subpoena in civil law?
What is an attachment in civil law?
What is an adjudication in civil law?
What is the difference between a jury trial and a bench trial?
What are the different forms of damages in civil law?

What is an attachment in civil law?

Related FAQs

Related Blog Posts