Attachment (law)
In law foreign attachment is a process whereby a creditor may attach money owing to his debtor, or property belonging to the debtor in the possession of third parties.[1]
Historically, it prevailed as a custom of the City of London. Though the custom did not apply throughout England and Wales in general, similar customs existed in Bristol, Exeter and Lancaster.[2] As of 2008[update], enforcement of money-judgments against third parties throughout England and Wales is governed by Pt.72 of the Civil Procedure Rules.[3]
Foreign attachment procedures have existed from time to time in Scotland, where it was known as arrestment, in France, where it was known as saisie arret, in the U.S and elsewhere.[2]
Historical London procedure
The person holding the property or owing the money had to be within the City at the time of being served with the process, but all persons were entitled to the benefit of the custom. The plaintiff having started the action, and made a satisfactory affidavit of his debt, was entitled to issue attachment, which thereupon affected all the money or property of the defendant in the hands of the third party, the garnishee. The garnishee had all the defences which would be available to him against the defendant, his alleged creditor. If there had been no fraud or collusion, the garnishee could plead payment under the attachment. The court to which this process belonged was the Lord Mayor's Court, the procedure of which was regulated by the Mayor's Court of London Procedure Act 1857. This custom, and all proceedings relating to it, were expressly exempted from the operation of the Debtor's Act 1869.[1]
References
Bibliography
- [Anon.] (1911) "Attachment", Encyclopaedia Britannica
- Brandon, W. (1861). A Treatise upon the Customary Law of Foreign Attachment: And the Practice of the Mayor's Court of the City of London. London: Butterworths. (Google Books)
- O'Hare, J. & Browne, K (2005). Civil Litigation (12th ed. ed.). London: Thomson. ISBN 0-421-90690-1.
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