An attachment is a court order seizing specific property. Attachment is used both as a pre-trial provisional remedy and to enforce a final judgment. Sometimes, courts attach a defendant's property as a provisional remedy to prevent the defendant from making herself ju…
What is attachment?
Sometimes, courts attach a defendant's property as a provisional remedy to prevent the defendant from making herself judgment-proof by liquidating the property and/or transferring assets outside the jurisdiction of US courts. For example, a court might attach part of a defendant's bank account to prevent her from transferring all of her money to an off-shore account. In all but the most exceptional cases, courts must hold a hearing and follow other procedural safeguards before ordering attachment as a provisional remedy. Oftentimes, plaintiffs seeking attachment must offer up a cash bond to ensure that they will return the defendant’s property post-trial if the plaintiff does not win their lawsuit.
Courts often attach debtors' property to help pay their creditors, either by directly transferring the property to the creditors, or by selling it and giving the creditors the proceeds.
See: Debtor and Creditor Law.
Quasi in rem subtype 2 jurisdiction is sometimes called "attachment jurisdiction."
Why attachment matters
attachment 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 attachment works in practice
In practice, attachment 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.