What is an attachment in civil law?
An attachment in civil law is a legal order that requires a person or entity to hold a certain sum of money for a specified period of time. This money can come from the person or entity’s own funds or from a third party. An attachment is usually issued when a legal dispute arises between two parties. It prevents the party from using the funds until the dispute is settled or a court makes a ruling. In Washington, the process of obtaining an attachment begins with the filing of an affidavit with the court. The affidavit must include detailed information about the lawsuit, such as the parties involved, the amount of money requested, and why attachment is being sought. Once the affidavit is filed, the court will order the attachment of the funds. The party to whom the attachment is ordered will have a limited time to respond to the affidavit. If the party refuses to comply with the order, they may be held in contempt of court. The court may also order the attachment of other assets, such as accounts receivable, stocks, or real estate, if the party has not paid the money ordered. Once the attachment is complete, the court will hold a hearing to determine whether the court order should be enforced. During the hearing, the court will review the affidavit and any evidence presented. At the conclusion of the hearing, the court will either enforce the order and collect the money, or reject it and order the funds to be released.
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