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Legal Definitions - process by foreign attachment
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Definition of process by foreign attachment
Process by foreign attachment is a legal procedure where a third party, instead of the creditor, seizes a debtor's property. This is also known as factorizing process or trustee process. It is similar to garnishment, where a portion of the debtor's wages or bank account is seized to pay off the debt.
For example, if a person owes money to a creditor, the creditor can use process by foreign attachment to seize the debtor's property, such as a car or house, to pay off the debt. The third party, known as the factor or garnishee, will then sell the property and use the proceeds to pay the creditor.
This legal process is used to ensure that the creditor receives payment for the debt owed to them. However, it can also be a burden on the debtor, as they may lose their property without warning or a chance to negotiate a payment plan.
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Simple Definition
Process by foreign attachment is a legal procedure where a third party can take a debtor's property instead of the creditor. This is also known as factorizing process or trustee process. It is similar to garnishment, where a portion of the debtor's wages or assets are withheld to pay off a debt. In some states, the garnishee is also called the factor.
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