Section 4.1 Nature, Purpose, and Source

LibraryCreditors' Remedies (2009 Ed. + 2014 Supp)

A. (§4.1) Nature, Purpose, and Source

The purpose of the remedy of "attachment" is to seize the defendant's property under a court order for the payment of a judgment if a valid debt is established. 7 C.J.S. Attachment §§ 1 and 2 (2004).

A suit by attachment is an action for a money judgment that includes a prejudgment proceeding for the seizure of the defendant's property to satisfy an anticipated judgment. Attachment proceedings are in derogation of the common law, Harris v. Balk, 198 U.S. 215 (1905)...

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