The judicial action of attachment may not always be the most desirable course but sometimes it’s what it takes to achieve the wanted end result. In former years the courts were more lax about attachment proceedings. After years of wrongful seizure of property the courts now hold the action to a higher standing and expect the plaintiff to protect the defendant against unlawful attachment.
State Surety Bond Requirements
Each state requires a plaintiff to post an attachment bond to cover the value of the property being seized so the defendant is not further put out by the action. The plaintiff must also show why this action is necessary. It could be because the defendant is believed to be skipping town to avoid paying a money judgement or they are rumored to be selling the property.
Right Of The Defendant
The defendant can fight the attachment in a special hearing or they can post their own surety bond which cancels out the attachment bond. While considering the right of the plaintiff to have the defendant pay the money judgment the court is still hesitant to step in before a judgement can, in fact, be reached. This is why they give the defendant ample opportunity to contest the attachment action.
An attachment bond will cover the financial value of the property being seized. Property available for attachment ranges from jewelry to automobiles. The court has restrictions against property such as tools and equipment that help provide for the defendant’s well being and that of their family. Wages may also be attached but that is generally referred to as a garnishment and requires a separate surety bond.
Using An Attachment Bond Cautiously
In a case where the defendant is expected to make a break for it before paying the judgement that the plaintiff is predicted to receive then using an attachment may be the best course. It helps the court send a message to the defendant that they should take the proceedings seriously and be committed to acting out the court ruling.
Convincing a judge that attachment is necessary may be difficult depending on the situation, but having an attachment bond ready will show the court that the plaintiff does not wish to cause the defendant financial harm. For more answers and information, please contact the surety bond experts at Jurisco.