Originally from:
Attachment of Assets - Looseleaf
Attachment of Assets - Electronic
Preview Page
United States
Attachment of Assets
Introduction
Before addressing the editor’s 20 specific questions on attachment, a brief introduction is appropriate to explain certain aspects and idiosyncrasies of the approach taken by courts in the United States. Attachment in the United States may take the form of an order of execution, order of attachment, order of garnishment, order requiring post-judgment turnover of judgment debtor’s property, order of contempt or other orders necessary or proper in aid of its jurisdiction.1 Attachment proceedings find their roots in a state’s right to subject all property within its borders to its laws.2 In the United States, attachment and garnishment proceedings are unique remedies that are solely created by statute.3 Since attachment and garnishment are in derogation of the common law, the statutes authorizing these procedures must be strictly construed and all prerequisites must be complied with before any remedy is available.4 Unless otherwise stated, this chapter will address the two principal methods of attaching assets in the United States, attachment and garnishment.
The United States does not have one uniform law regarding the attachment of assets. Instead, each state and territory has its own statutes governing these procedures. This is true whether attachment is
Michael L. Morkin and Ethan A. Berghoff, Baker & McKenzie
