Attachment of Property Before Judgment is a legal process by which a court of law, at the request of a creditor, designates specific property owned by the debtor to be transferred to the creditor, or sold for the benefit of the creditor. A wide variety of legal mechanisms are employed by debtors to prevent the attachment of their assets.
Who Can Issue Attachment Order?
The Garnishee order is an order issued by the Court to garnishee (Bank) whereas the IT attachment is the attachment on assessee’s credit balance in the bank by Income tax department.The meaning of garnishee order and IT attachment order and how they are different from each other is explained.
Attachment of Property Before Judgement
Arrest and attachment before judgment Order 38 Rule 5 attachment before judgment in order to obtain an order of attachment before judgment , a party was required to show that the defendant, with intent to obstruct or delay the execution of decree, that could be passed against him, was about to dispose of whole.
Attachment of Property Before Judgment Under CrPC
Attachment of property of person absconding. 88.(1) The Court issuing a Proclamation under section 87 may at any time order the attachment of any property, Movable or Immovable, or both, belonging to the proclaimed person. (h) by all or any two of such methods, as the Court thinks fit.
The Dv act gives women right of maintenace and accommodation. In maintenance proceeding under 125 crpc or under PWDV Act the court can attach property but the power of attachment is with regard to moveable assets of the husband only like his salary/household articles etc.
Procedure for Attachment of Movable Property
When Movable Property is attached in execution of any civil process, the attaching officer shall give a copy of the list of attached property with description sufficient for identification to the person from whose possession property is attached.