prejudgment attachment Flashcards
requirements for attachment (detinue)
(1) writ of attachment issued
(2) grounds for attaining attachment are met
(2) public act
(3) creditor posts bond
grounds for obtaining attachment
(1) D is nonresident of VA or foreign corp
(2) D has made or is about to make fraudulent conveyance
(3) D has removed or is about to remove property from the state
(4) D has concealed or is about to conceal his property from the state
(5) D has left or is about to leave VA with intent to change domicile
public act for attachment
Attachment lien
when does lien attach
(1) tangible personal prop in possession of D
- sheriff makes proper levy
(2) tangible personal property in possession of third party or for debts owed by third parties to D
– third party must be named as co-D and lien arises when he is served a copy of the attachment
(3) real property
– copy of attachment served on person in possession
and
– officer’s return describes property
when is lien consummated (such that creditor gets priority)
when there is a final judgment
lis pendens
TO be effective against a BFP, creditor must file lis pendens for real property attached.
file document in real estate recording office indicating that real property is subject to litigation
D’s rights …. to comply with due process, P who wants writ of attachment must
(1) file with a judge
(2) allege specific facts supporting grounds for attachment ( no blanket allegations)
(3) judge will have ex party hearing
(4) D has 10 days to challenge lien, and get judge to quash IF:
– lien is invalid due to no proper grounds
– lien is unsupported (no facts support a proper ground)
– P unlikely to prevail in underlying lawsuit
bond
P must post bond after obtaining writ of attachment
for cash judgment, must post FMV of the money sought
for property - most post 2x FMV of th property
what claims may allow prejudgment attachment
specific property
debts
breach of K or tort
