Attachment is a court-authorized restraint or seizure of property to preserve assets before judgment or support enforcement after judgment, subject to procedure and exemptions.
Attachment is a legal process that restrains or seizes specified property under court authority so it can be preserved for a claim or applied toward a judgment. The term can refer to a pre-judgment provisional remedy or to post-judgment enforcement, and its meaning, availability, and procedure vary by jurisdiction.
Attachment does not automatically transfer property to a creditor or guarantee recovery. Notice, hearing, security bond, court findings, exemptions, lien priority, third-party rights, and sale or turnover procedures can affect the result.
| Feature | Pre-judgment attachment | Post-judgment enforcement |
|---|---|---|
| Timing | Before final judgment | After judgment or another enforceable order |
| Purpose | Preserve assets and prevent dissipation while the claim proceeds | Apply nonexempt property toward an established obligation |
| Creditor burden | Often requires specific statutory grounds, evidence, and sometimes a bond | Requires a valid judgment and compliance with execution procedure |
| Debtor protection | Notice, prompt hearing, bond, exemption, and due-process protections may apply | Exemption, satisfaction, appeal, stay, and procedural protections may apply |
| Result | Property is restrained pending further order; creditor has not necessarily won | Property or proceeds may be applied under enforcement rules |
Federal Rule of Civil Procedure 64 makes state-law seizure remedies generally available in federal civil actions, subject to federal law. Federal Rule 69 generally directs judgment enforcement through writs of execution and state procedure unless a federal statute applies. State courts and other countries use their own terminology and rules.
| Term | Main legal effect | Example asset or right |
|---|---|---|
| Attachment | Restrains or seizes identified property under court process | Equipment, account, inventory, or other property |
| Garnishment | Directs a third party holding property or owing money to the debtor | Wages or bank account funds |
| Execution | Enforces a judgment through authorized process | Levy and sale of nonexempt property |
| Lien | Creates or recognizes a claim against property | Real estate or personal property |
| Turnover order | Directs delivery of property or value under court authority | Funds, documents, or specified assets |
Terminology varies. A bank-account restraint may be called attachment, garnishment, levy, or execution depending on the jurisdiction and stage.
This sequence is illustrative, not a universal procedural checklist.
Assume a creditor has a $100,000 judgment and obtains lawful process restraining $70,000 in a hypothetical account. Further review determines:
The simplified amount potentially available for the judgment is:
$70,000 - $15,000 - $5,000 - $2,000 = $48,000
The creditor still has an unpaid judgment balance of $52,000, before later interest, costs, payments, or legal adjustments. The example is not a statement of any jurisdiction’s exemption, priority, or fee rules. It shows why restrained property and net recovery are different measures.
| Question | Why it matters |
|---|---|
| Does the debtor own the property? | Property held for another party may not satisfy the debtor’s obligation |
| What is realizable value? | Market value can exceed net proceeds after liens, exemptions, and sale costs |
| Which claim has priority? | A senior secured party or statutory claim can be paid first |
| Is the asset liquid? | Specialized or disputed property may take time and cost to realize |
| Is value perishable or volatile? | Delay can reduce recovery |
| Is the process contestable? | Bond, hearing, appeal, stay, or wrongful-attachment exposure can add cost |
| Does the debtor face insolvency? | Bankruptcy or collective proceedings can stay or alter individual enforcement |
Attachment is a legal remedy, not an ordinary collection tactic. This article provides general financial education and does not advise a creditor or debtor about a specific claim, asset, or procedure.