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What is an attachment? Kiritsis Law Group 212 922 0005

May 13, 2021

By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

A property which upon certain judicial process has been seized for debt repayment. Generally, the process of attachment, is initiated by a creditor’s request. Also, an attachment can also occur in regards to the borrower’s earnings (this type of an attachment is often referred to as wage garnishment). Depending on the jurisdiction, a debtor may remove the attachment and get the property back, by paying the creditor the amount due. Depending on the asset involved, and the jurisdiction, a creditor maybe able to take the asset portion that is attached and/or liquidate it by selling to another party. Usually, an attachment may show up at a credit report and/or an asset search report. With the exception of a bankruptcy petition, the attachment process is almost never started by the debtor. Attachment can arise not only as a matter of federal rule (i.e. Rule B Attachment under the Federal Rules of Civil Procedure). However, it is important to note that certain statutes, may prohibit and/or limit a creditor’s power to exercise the attachment. Also, the filing of bankruptcy may prevent, limit and/or delay a creditor’s power to exercise the attachment (i.e. invoking the state’s homestand exemption).

 

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