If you have filed money recovery suit and would desire to attach the property before judgment as collateral, then you may have to produce the evidence of property lying ion the name of the debtor, by filing a certified registration copy of the title deed.
Attachment 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.
‘An attachment before judgment is to enable the plaintiff to realize the amount of the decree, supposing a decree eventually made, from the defendant property’. This is the object of the Order 38 rule 5 of The Civil Procedure Code,1908 (herein after referred as CPC).
There is some difference between ‘attachment prior to decree’ and ‘attachment after decree’. Of course, if an attachment is ordered before judgment, no need to re attach the same property after decree.
Where, at any stage of a suit, the Court is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him,-
the Court may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the Court, when required, the said property or the value of the same, or such portion thereof as may be sufficient to satisfy the decree, or to appear and show cause why he should not furnish security.
The Court may also in the order direct the conditional attachment of the whole or any portion of the property so specified.
In general an attachment means the legal process of seizing property to ensure satisfaction of a judgment.
The document by which a court orders such a seizure may be called a writ of attachment or an order of attachment.
The plaintiff may have to include documents or other evidence to support the claim that he or she will probably win the lawsuit, and the individual usually is required to make the application under oath. States generally require that the plaintiff post a bond or undertaking in an amount sufficient to secure payment of damages to the defendant if it turns out that the plaintiff was not in fact entitled to the attachment.