What is ATTACHMENT? Definition of ATTACHMENT in Black's Law Dictionary
The act or process of taking, apprehending, or seizing persons or property, by virtue of a writ, summons, or other judicial order, and bringing the same into the custody of the law; used either for the purpose of bringing a person before the court, of acquiring jurisdiction over the property seized, to compel an appearance, to furnish security for debt or costs, or to arrest a fund in the hands of a third person who may become liable to pay it over. Also the writ or other process for the accomplishment of the purposes above enumerated, this being the more common use of the word. A remedy ancillary to an action by which plaintiff is enabled to acquire a lien upon property or effects of defendant for satisfaction of judgment which plaintiff may obtain. First Nat. Bank & Trust Co. of Vermillion v. Kirby, 62 S.D. 489, 253 N.W. 616; Lipscomb v. Rankin, Tex.Civ.App., 139 S.W.2d 367, 369. Though sometimes called an ancillary or auxiliary proceeding, it is in all essential respects, a suit. Farmers State Bank of Lexington v. Lemmer, 130 Neb. 211, 264 N.W. 415, 416.
The purpose is to take defendant's property into legal custody, so that it may be applied on defendant's debt to plaintiff when established. John Deere Plow Co. of St. Louis v. L. D. Jennings, Inc., 203 S.C. 426, 27 S.E.2d 571, 572; Union Bank & Trust Co. v. Edwards, 281 Ky. 693, 137 23. W.2d 344, 348.
At common law, "attachment" was procedure whereby sheriff was, commanded to attach a defendant who, after being personally served, disobeyed original writ of summons, by keeping certain of his goods which he would forfeit if he did not appear, or by making him find securities who would be amerced if he continued his nonappearance, and, if after such attachment he still neglected to appear, he would not only forfeit this security, but was compellable by a writ of distringas infinite. Grimmett v. Barnwell, 184 Ga. 461, 192 S.E. 191, 194, 116 A.L.R. 257.
Execution and attachment distinguished. See Execution.
Persons
A writ issued by a court of record, commanding the sheriff to bring before it a person who has been guilty of contempt of court, either in neglect or abuse of its process or of subordinate powers. 3 Bl.Comm. 280; 4 Bl.Comm. 283; Commonwealth v. Shecter, 250 Pa. 282, 95 A. 468, 470.
Property
A species of mesne process, by which a writ is issued at the institution or during the progress of an action, commanding the sheriff to seize the property, rights, credits, or effects of the defendant to be held as security for the satisfaction of such judgment as the plaintiff may recover. It is principally used against absconding, concealed, or fraudulent debtors. U. S. Capsule Co. v. Isaacs, 23 Ind.App. 533, 55 N.E. 832.
To Give Jurisdiction
Where the defendant is a non-resident, or beyond the territorial jurisdiction of the court, his goods or land within the territory may be seized upon process of attachment; whereby he will be compelled to enter an appearance, or the court acquires jurisdiction so far as to dispose of the property attached. This is sometimes called "foreign attachment." Megee v. Beirne, 39 Pa. 50; Bray v. McClury, 55 Mo. 128. In such a case, the proceeding becomes in substance one in rem against the attached property. St. John v. Parsons, 54 Ohio App. 420, 7 N.E.2d 1013, 1014.
Domestic and Foreign
In some jurisdictions it is common to give the name "domestic attachment" to one issuing against a resident debtor, (upon the special ground of fraud, intention to abscond, etc.,) and to designate an attachment against a non-resident, or his property, as "foreign." Longwell v. Hartwell, 30 A. 495, 164 Pa. 533; David E. Kennedy, Inc. v. Schleindl, 290 Pa. 38, 137 A. 815, 816, 53 A.L.R. 1020.
But the term "foreign attachment" more properly belongs to the process otherwise familiarly known as "garnishment." It was a peculiar and ancient remedy open to creditors within the jurisdiction of the city of London, by which they were enabled to satisfy their own debts by attaching or seizing the money or goods of the debtor in the hands of a third person within the jurisdiction of the city. Welsh v. Blackwell, 14 N.J.Law, 346. This power and process survive in modern law, in all common-law jurisdictions, and are variously denominated. "garnishment," "trustee process," or "factorizing." Raiguel v. McConnell, 25 Pa. 362, 363. A "foreign attachment" is a mesne process issued to compel a foreign debtor to appear to the suit of his creditor, while "attachment execution" is a final process issued for the purpose of enforcing a judgment already obtained. Williams v. Ricca, 324 Pa. 33, 187 A. 722, 723.
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