Definition
Attachment
An attachment is a legal seizure of property to compel payment of a debt. This procedure is often employed by creditors who seek to enforce a monetary judgment granted by a court. The attachment puts a lien — a legal claim — on the debtor’s property, preventing the debtor from selling or refinancing the property until the debt is paid.
Examples
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Landlord vs. Tenant: A landlord may obtain an attachment on the tenant’s property due for unpaid rent. This creates a lien on the tenant’s assets, ensuring the landlord has a claim to the property to cover the outstanding rent.
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Bank Loan Default: If a borrower fails to repay a bank loan, the bank can seek a court order for attachment of the borrower’s assets, such as real estate or personal property, to recover the owed funds.
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Business Debt: A business creditor could secure an attachment on a company’s equipment or inventory as collateral for an unpaid invoice. This impedes the company’s ability to dispose of these assets until the debt obligation is settled.
Frequently Asked Questions (FAQs)
What property can be seized in an attachment?
Any real or personal property of the debtor can be subject to a legal attachment, including homes, vehicles, bank accounts, and other tangible assets.
How does an attachment differ from a levy?
An attachment secures assets to satisfy a debt by placing a lien, while a levy is the actual seizure of assets to sell them for the payment of a judgment.
Can a debtor contest an attachment?
Yes, a debtor can challenge an attachment by filing a motion in court to dissolve or modify the attachment order, potentially arguing that the attachment is excessive or that the debtor doesn’t owe the debt.
What is the process of obtaining an attachment?
To obtain an attachment, a creditor must file a petition in court, provide proof of the debt, and demonstrate a risk that the debtor might dissipate the assets without legal intervention.
No, an attachment does not transfer ownership. The debtor retains ownership while the creditor has a legal claim (lien) to the property until the debt is paid.
- Lien: A legal right or interest that a creditor has on the debtor’s property, lasting until the debt obligation is satisfied.
- Garnishment: A legal process where a creditor can collect what a debtor owes by ordering a third party to turn over the debtor’s assets, such as wages or bank accounts.
- Foreclosure: The process by which a lender takes control of a property, evicts the borrower, and sells the property following a failure to meet payment obligations.
- Levy: An actual seizure of property to satisfy a debt, different from a mere lien or attachment.
Online Resources
References
- U.S. Courts: Glossary of Legal Terms
- Black’s Law Dictionary
- Internal Revenue Service: Publication 594, The IRS Collection Process
Suggested Books for Further Studies
- The Law of Debtors and Creditors by Elizabeth Warren, Jay Lawrence Westbrook
- Real Estate Law by Marianne Jennings
- Principles of Real Estate Practice by Stephen Mettling, David Cusic
- Secured Transactions: A Systems Approach by Lynn M. LoPucki, Elizabeth Warren
Real Estate Basics: Attachment Fundamentals Quiz
### What is an attachment in the context of real estate?
- [ ] A physical addition to a property
- [x] A legal seizure of property to force payment of a debt
- [ ] An agreement between tenant and landlord
- [ ] A document showing property ownership
> **Explanation:** An attachment is a legal procedure where a property is seized to compel the payment of a debt, ensuring the creditor has a legal claim on the debtor’s assets.
### What does an attachment create on the debtor's property?
- [x] A lien
- [ ] Ownership transfer
- [ ] Physical damage
- [ ] Tax benefit
> **Explanation:** An attachment creates a lien on the debtor's property, which is a legal claim preventing the property from being sold or refinanced until the debt is resolved.
### In what situation might a landlord use an attachment?
- [x] To enforce payment of back rent
- [ ] To make property improvements
- [ ] To negotiate new lease terms
- [ ] To convert residential property to commercial property
> **Explanation:** A landlord might use an attachment to enforce payment of back rent by ensuring they have a claim over the tenant’s property.
### What is required for a creditor to obtain an attachment?
- [ ] The debtor’s permission
- [x] A court order
- [ ] A verbal agreement
- [ ] A government-issued ID
> **Explanation:** To obtain an attachment, a creditor must seek a court order, which typically involves filing a petition and providing evidence of the debt.
### What is the primary objective of an attachment?
- [ ] To transfer ownership instantly
- [x] To secure payment of a debt through judicial means
- [ ] To increase property value
- [ ] To create shared property ownership
> **Explanation:** The primary objective of an attachment is to secure the payment of a debt by placing a lien on the debtor's property through judicial means.
### Can the debtor still use the property after a lien is placed through an attachment?
- [x] Yes, but they cannot sell or refinance it
- [ ] No, the property must be relinquished
- [ ] Yes, with no restrictions
- [ ] Only if the creditor agrees in writing
> **Explanation:** After a lien is placed, the debtor can continue to use the property but cannot sell or refinance it until the debt is settled.
### Which term is closely related to attachment and signifies actual seizure for sale to pay a debt?
- [ ] Foreclosure
- [ ] Subordination
- [x] Levy
- [ ] Tenancy in common
> **Explanation:** A levy signifies the actual seizure of property for sale to pay off a debt, making it closely related to attachment.
### How does a debtor remove an attachment lien?
- [x] By paying the debt
- [ ] By selling the property
- [ ] By ignoring it
- [ ] By refinancing the property
> **Explanation:** A debtor can remove an attachment lien by paying off the owed debt, thus fulfilling the debt obligation secured by the lien.
### Can an attachment apply to personal property?
- [x] Yes, including assets like vehicles or equipment
- [ ] No, it only applies to real estate
- [ ] Only if the debtor consents
- [ ] Only for bankruptcy cases
> **Explanation:** An attachment can also apply to personal property such as vehicles, equipment, and other tangible assets belonging to the debtor.
### What differentiates an attachment from a garnishment?
- [ ] Attachment targets bank accounts only
- [ ] Garnishment cannot be contested
- [x] Garnishment involves third parties such as employers, while attachment targets the debtor's property directly
- [ ] Attachment always results in property sale
> **Explanation:** Garnishment involves third parties (like employers) handing over the debtor’s assets (such as wages), whereas attachment directly targets the debtor's property.
