Attachment
Definition
Attachment is a legal remedy that allows a plaintiff to seize or place a hold on the defendant’s property before obtaining a final judgment. Under Texas Civil Practice and Remedies Code Chapter 61, attachment secures assets to ensure they will be available to satisfy a judgment if the plaintiff prevails. Courts grant attachment when there is reason to believe the defendant may hide, transfer, or dispose of assets to avoid paying a judgment.
How It’s Used in Personal Injury Cases
In personal injury cases, attachment may be sought when a defendant appears to be moving assets out of reach or when the plaintiff has strong evidence of liability and damages exceeding insurance policy limits. By obtaining a writ of attachment, the plaintiff can freeze the defendant’s bank accounts, real estate, or other property to ensure those assets remain available if the plaintiff wins the case. This prevents defendants from becoming “judgment proof” by dissipating their assets during litigation.
Practical Example
After a serious trucking accident, the injured plaintiff learned the at-fault trucking company had only $100,000 in insurance coverage, but the case was worth well over $500,000. When the plaintiff discovered the company owner was transferring assets to family members, the attorney filed a motion for attachment. The court granted the writ, placing a hold on the company’s bank accounts and equipment to ensure assets would be available to satisfy a judgment.
Why It Matters to Your Case
Attachment protects your ability to collect compensation when insurance coverage is insufficient and the defendant has assets at risk of being hidden or transferred. Filing for attachment can also prompt defendants to negotiate seriously, as frozen assets create significant business pressure. Understanding this remedy helps ensure that winning your case translates into actual recovery of damages.
Key Takeaway
Attachment freezes a defendant’s assets before judgment to ensure they remain available to pay your compensation—this remedy protects your recovery when defendants might hide or transfer property.