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The lien is a legal charge to take ownership of the defendant's property to satisfy a debt. The writ of attachment allows the lien to be exercised should the plaintiff successfully obtain a judgment against the defendant. There are several different types of attachment.
For example, a court might attach part of a defendant's bank account to prevent her from transferring all of her money to an off-shore account. In all but the most exceptional cases, courts must hold a hearing and follow other procedural safeguards before ordering attachment as a provisional remedy.
Rule 12 - Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on Pleadings (a) When Presented. (1) After service upon him of any pleading requiring a responsive pleading, a party shall serve such responsive pleading within 20 days unless otherwise directed by order of the court.
All civil motions shall be governed, where applicable, by Superior Court Rules 9A through 9E. Any criminal motion must be in writing and filed before being placed upon a list for hearing, unless otherwise ordered by the court, or otherwise provided for under Superior Court Rule 61.
Attachment is a legal term referring to the action of seizing property in anticipation of a favorable ruling for a plaintiff who claims to be owed money by the defendant. Attachment is a preliminary procedure; the seizure may prove unwarranted if the court rules in favor of the defendant.
A writ of attachment is a form of prejudgment process in which the court orders the seizure or attachment of property specifically described in the writ. Such property is seized and maintained in the custody of a designated official, usually the U.S. Marshal, under order and supervision of the court.
Massachusetts General Law enables the Sheriff's Department to attach real property through Writs of Attachment issued by the Superior of District Courts. These attachments are made by a Deputy Sheriff who records the attachments at the Registry of Deeds.
In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.