Attachment in United States

Attachment 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.

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. (This definition of Attachment is based on The Cyclopedic Law Dictionary).

For more definitions, read Attachment in the Legal Dictionary here.

Practical Information

The method by which a debtor’s property, real or personal, is placed in the custody of the law and held as security pending the outcome of a creditor’s suit. Until the case is decided, the debtor cannot dispose of the attached property or place it beyond the reach of the creditor. The most usual grounds of attachment are the following:

• the debtor is a nonresident or a foreign corporation;
• the debtor has left the state or is in hiding;
• the debtor is about to remove, conceal, or dispose of his or her property.

In many states the attaching creditor must put up a bond (in U.S. law); a debtor may then release the property by putting up a counterbond.(Revised by Ann De Vries)

Attachment of Foreign Sovereign Assets

Foreign Sovereign Immunities Act

Foreign state military

There have been several cases in U.S. courts involving foreign states’ militaries. They include UNC Lear Services, Inc. v. Kingdom of Saudi Arabia, MCI Telcoms. Corp. v. Alhadhood, Gharagozloo v. Al Mansoori, All American Trading v. Cuartel General, Colella v. Argentina and Aero Union Corp. v. Aircraft Deconstructors Int’l LLC.

A country’s military conduct can become involved in U.S. litigation under the FSIA.

Attachment in Foreign Legal Encyclopedias

For starting research in the law of a foreign country:

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Meaning of Attachment

In plain or simple terms, Attachment means: The plaintiff gets a lien on the defendant’s property.

Resources

See also

lien (in U.S. law)

Further Reading

• Information about Attachment in the Gale Encyclopedia of American Law.

In the Foreign Sovereign Immunities Act of 1976

Post-Judgment and Pre-Judgment Attachment

According to research about Attachment from the Federal Judicial Center:In addition to immunity from jurisdiction, the FSIA provides for immunity from pre-judgment attachment and post-judgment execution. The general rule under 28 U.S.C. § 1609 is that the property in the United States of a foreign state or its agencies and instrumentalities is “immune from attachment arrest and execution except as provided in §§ 1610 and 1611,” and subject to existing international agreements to which the United States was a party at the time the FSIA was enacted. Therefore, courts must always satisfy themselves that they have jurisdiction before considering requests for attachment, arrest, execution, or post-judgment discovery, even when the foreign state, agency, or instrumentality fails to appear. Immunity under these provisions has been held to be “an affirmative defense that only the foreign state has standing to invoke.” 188 The Ninth Circuit recently held that when a court is asked to attach the property of a foreign state, it must raise and decide the issue of immunity from execution on its own initiative even if the defendant does not appear. The court of appeals recognized a statutory presumption in favor of immunity from attachment and execution where it is “apparent from the pleadings or uncontested” that the defendant is a foreign state: “Once the court has determined that the defendant is a foreign state, the burden of production shifts to the plaintiff to offer evidence that an exception applies.”189 It is important to note that the FSIA provides narrower exceptions to immunity with respect to attachment and execution than it does with respect to jurisdiction.190 In addition, it contains more protective rules for foreign states than for their agencies and instrumentalities.

Meaning of Attachment

In plain or simple terms, Attachment means: The plaintiff gets a lien on the defendant’s property.

Resources

See Also

Popular Topics related with Attachment

• Foreign Sovereign Immunities Act Citation
• United States Foreign Sovereign Immunities Act
• Foreign Sovereign Immunity Law
• Immunities from Jurisdiction
• Immunity Definition
• Immunity of State Officials

In the Foreign Sovereign Immunities Act of 1976

Attachment and Execution: Other Requirements

According to research about Attachment from the Federal Judicial Center:See Foreign Immunities Attachment and Execution in this legal Encyclopedia.

Meaning of Attachment

In plain or simple terms, Attachment means: The plaintiff gets a lien on the defendant’s property.

Resources

See Also

Popular Topics related with Attachment

• Foreign Sovereign Immunities Act Commercial Activity Exception
• Foreign Sovereign Immunities Doctrine
• Foreign Sovereign Immunity Meaning
• Immunities Government
• Immunity from Prosecution
• Immunity Ratione Material