attached

Plain-English definition, meaning and examples of attached in U.S. law.

Attached property is property that has been seized pursuant to a court order, either as a provisional pre-judgment remedy or for the enforcement of a final judgment. Property may be attached only after the commencement of a lawsuit. In a pre-judgment request that proper…

What is attached?

Attached property is property that has been seized pursuant to a court order, either as a provisional pre-judgment remedy or for the enforcement of a final judgment. Property may be attached only after the commencement of a lawsuit. In a pre-judgment request that property be attached, the movant must generally demonstrate a substantial risk of a future potential judgment’s lack of enforceability. Any request for the pre-judgment attachment of property will be subject to procedural safeguards under the Due Process Clause of the U.S. Constitution. Pursuant to Federal Rule of Civil Procedure 64, in federal court, property may be attached to the extent allowable by the law of the state in which the court sits throughout the course of litigation. Attached property may also serve as the basis for In Rem jurisdiction. 

Why attached matters

attached appears in U.S. legal practice across multiple practice areas. Knowing what it means — and when it applies — can determine the outcome of motions, filings, and negotiations. For non-lawyers, the value of looking up a precise definition is that legal terms often carry meanings that differ from everyday usage; relying on the common meaning can lead to costly missteps.

How attached works in practice

In practice, attached is invoked when parties, judges, or attorneys need to identify the legal status of an issue, the rights of those involved, or the procedural step required next. The definition shown above is sourced from Cornell LII Wex , which is widely cited in U.S. legal practice. Because U.S. law is jurisdictionally layered — federal, state, and sometimes local — the precise application of the term can vary by court, so check the controlling authority for your specific case.

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Source: Cornell LII Wex CC BY-SA 2.5

This page is provided for general informational purposes only and does not constitute legal advice. Laws change and definitions can vary by jurisdiction. Consult a licensed attorney for advice on your specific situation.

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