ATTACHMENT (Barron's Law 3rd-edition): a proceeding in law by which one's property is seized; a proceeding to take a defendants property into legal custody to satisfy plaintiffs demand. The object of the proceeding is to hold property so taken for the payment of a judgment in the event plaintiffs demand is established and judgment rendered therefore in his favour. Attachment of a defendants property may also be used by the court as SECURITY for the satisfaction of such judgment as the plaintiff may recover. In commercial law, attachment means the creation of a security interest. It generally occurs when the debtor has agreed to the creation, received value from the secured party and obtained rights in the property security. i.e. the collateral. Attachment is also used when IN PERSONAM jurisdiction is unavailable. In such cases the court acquires jurisdiction over the property seized and the proceeding essentially becomes one IN REM. See in rem. Compare garnishment; REPLEVIN.
Printed copy · Anthology Volume 4, page 344Printed copy from The Tender For Law Anthology, Volume 4, page 344 (printed 13 June 2014). Added by this site; not part of the Facebook export.