In what two circumstances is attachment used?

• A. π is seeking money damages AND (1) ∆ is an unlicensed foreign corporation or a non-domiciliary residing outside NY; OR (2) ∆ is about to conceal or remove assets from NY w/ intent to defraud creditors or frustrate enforcement
• B. It is used only when the defendant is domiciled in NY
• C. Only when plaintiff seeks injunctive relief
• D. In all civil cases

Answer: (A)

Attachment is a provisional remedy to preserve a plaintiff’s ability to collect on a money judgment. It is used in two situations: first, when the defendant is not domiciled in New York—such as an unlicensed foreign corporation or a non-domiciliary residing outside the state—because enforcing a judgment against someone outside New York can be difficult if assets are in play outside the state. Second, when there is a real risk that the defendant will conceal or remove assets from New York with the intent to defraud creditors or to frustrate enforcement of a judgment. In these cases, attachment helps secure assets or prevent dissipation so that, if the plaintiff prevails, there will be something available to satisfy the judgment. It’s limited to actions seeking money damages and isn’t appropriate in all civil cases or simply tied to injunctive relief.