Final answer:
An attachment lien or writ of attachment is a court order for the seizure of a defendant's assets to ensure judgment satisfaction in a pending lawsuit. It involves legal procedures, such as petitioning the court and proving the necessity of the lien, to secure a plaintiff's potential judgment. If the plaintiff wins, the assets may be sold to satisfy the judgment; otherwise, they are returned.
Step-by-step explanation:
An attachment lien (writ of attachment) is a legal process where the court orders the seizure of a defendant’s property to ensure the satisfaction of a judgment before the court decides on the merits of a case. This precautionary measure is utilized to prevent a defendant from disposing of their assets during litigation, which could potentially leave a plaintiff unable to collect on a future judgment. A writ of attachment can involve both real and personal property.
To obtain a writ of attachment, a plaintiff usually must show that there is a clear cause of action, the likelihood of prevailing on the merits of the case, and that the defendant may attempt to evade the judgment by disposing of assets. Once a court issues a writ, the property may be held by a designated official (often a sheriff), or certain other measures may be applied, like freezing bank accounts or garnishing wages.
The process involves multiple steps including petitioning the court, presenting evidence for the necessity of the lien, and possibly having a hearing before the writ is granted. If the plaintiff prevails in the underlying suit, the attached assets could be sold at auction to satisfy the judgment. If the plaintiff does not win their case, the lien is typically lifted, and the property is returned to the defendant.