ATTACHMENT
attachment. 1. The seizing of a person’s property to secure a judgment or to be sold in
satisfaction of a judgment. — Also termed (in civil law) provisional seizure. Cf. GARNISHMENT;
SEQUESTRATION(1). [Cases: At-tachment 1; Federal Civil Procedure 581–590. C.J.S.
Attachment §§ 2–4, 7.]
attachment of wages.The attachment by a plaintiff of a defendant’s earnings as an employee. •
In some jurisdictions, an attachment-of-earnings order requires the defendant’s employer to deduct
a specified sum or percentage of the defendant’s wages or salary and to pay the money into court.
The court then sends the money to the plaintiff. Federal law provides a garnishment statute for
satisfaction of judgments for child support and alimony. Under this statute, up to 50% of a
wage-earner’s disposable income can be seized if the wage-earner has another family of
dependents and up to 60% if there is only one family. If the obligor is more than three months in
arrears, an additional 5% can be seized until the arrearage is paid. 15 USCA § 1673(b)(2). — Also
termed attachment of earnings; wage-withholding; automatic wage-withholding; wage assignment.
Cf. GARNISHMENT; INCOME-WITHHOLDING ORDER. [Cases: Execution 420.5;
Garnishment 1. C.J.S. Exchanges § 24; Executions § 24.]
provisional attachment.A prejudgment attachment in which the debtor’s property is seized so
that if the creditor ultimately prevails, the creditor will be assured of recovering on the judgment
through the sale of the seized property. • Ordinarily, a hearing must be held before the attachment
takes place, and most courts require the creditor to post a bond for any damages that result from
the seizure (esp. if the creditor ultimately loses in the lawsuit). [Cases: Attachment 4. C.J.S.
Attachment §§ 12, 14.]
- The arrest of a person who either is in contempt of court or is to be held as security for the
payment of a judgment. [Cases: Execution 421.C.J.S. Executions § 24.] 3. A writ ordering legal
seizure of property (esp. to satisfy a creditor’s claim) or of a person. — Also termed writ of
attachment. [Cases: Attachment 140; Federal Civil Procedure 581.C.J.S. Attachment § 156.]
ancillary attachment.An attachment that results in seizure and holding of property pending a
resolution of the plaintiff’s claim. — Also termed attachment on mesne process. [Cases:
Attachment 1. C.J.S. Attachment §§ 2–4, 7.]
- The creation of a security interest in property, occurring when the debtor agrees to the
security, receives value from the secured party, and obtains rights in the collateral. UCC § 9-203.
Cf. PERFECTION. [Cases: Secured Transactions 133. C.J.S. Secured Transactions § 34.] 5. The
act of affixing or connecting; something (as a document) that is affixed or connected to something
else.[Blacks Law 8th]