Attachment is the process by which, during the course of a lawsuit, property is seized pursuant to a court order for the purpose of securing the satisfaction of a judgment yet to be rendered. Attachment is generally used when the party seeking attachment has no security or ownership interest in the property it seeks to attach and there is a real concern that such property will be removed or hidden by the party in possession with the intent to defraud or delay its creditors.
Generally, the procedure for this type of relief involves the filing of a lawsuit and an application for a writ of attachment supported by an affidavit. An ex parte hearing is then held and, if the application is granted by the judge, an Order for issuance of the writ of attachment is entered which sets a bond amount to be secured by the party seeking the writ. Unlike a sequestration, the attachment statutes provide that a defendant may replevy attached property at any time prior to the rendering of a final judgment.
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