provisional attachment

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 ¡ì¡ì 12, 14.]


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