Asked by Caylee Pritchett on May 25, 2024
Verified
Which of the following is false regarding the process of attachment?
A) A creditor typically seeks an attachment as a prejudgment remedy in a legal action.
B) The creditor must file a lawsuit prior to seeking an attachment.
C) After attachment is complete, the creditor holds the property until judgment.
D) The court may attach the debtor's personal or real property.
E) The court may attach the debtor's checking and savings accounts.
Attachment Process
A legal procedure used by a creditor to seize the property of a debtor in order to satisfy a judgment.
Creditor
An individual or organization that lends money or extends credit to another party, expecting repayment in the future.
Prejudgment Remedy
A legal mechanism that allows a plaintiff to secure assets or interests of the defendant before the final judgment in a lawsuit, to ensure satisfaction of any potential award.
- Discern the procedures and obligations for the establishment, execution, and contention of liens.
Verified Answer
AN
Alberto NajarroMay 27, 2024
Final Answer :
C
Explanation :
Attachment allows a creditor to seize a debtor's property to secure a judgment, but the property is typically held by a court officer or designated third party, not the creditor themselves, until the judgment is rendered.
Learning Objectives
- Discern the procedures and obligations for the establishment, execution, and contention of liens.