Attachment
Attachment ({not transcribed}) , noun
[French attachment.]
The term is applied to a seizure or taking either of persons or property. In the serving of process in a civil suit, it is most generally applied to the taking of property, whether at common law, as a species of distress, to compel defendant's appearance, or under local statutes, to satisfy the judgment the plaintiff may recover in the action. The terms attachment and arrest are both applied to the taking or apprehension of a defendant to compel an appearance in a civil action. Attachments are issued at common law and in chancery, against persons for contempt of court. In England, attachment is employed in some cases where capias is with us, as against a witness who fails to appear on summons. In some of the New England States a writ of attachment is a species of mesne process upon which the property of a defendant may be seized at the commencement of a suit and before summons to him, and may be held to satisfy the judgment the plaintiff may recover. In other States this writ can issue only against absconding debtors and those who conceal themselves. See Foreign, Garnishment, Trustee process.