index custody (incarceration)

Burton's Legal Thesaurus. . 2006

in the Scots law of diligence or legal enforcement, the attachment of a debtor's moveable property – like goods – that is in the hands of a third party. The situation is thus: A sues B, C owes money to B, Acan arrest the debt owed by C to B until his own action against B is concluded (called arrestment on the dependence) or, if the arrestment is after the action between A and B, until A actually gets an order to have C make the money over, which is done by furthcoming. Arrestment prohibits the party in whose hands it is laid from parting with the property but does not affect the property. It does not operate in rem. It can be used to keep the property available in case the debtor does not pay. There is a special diligence for attaching ships, called arrestment of a ship, that generally can only be done if the claim is a maritime claim. If it is feared the ship will leave, a warrant can be granted to dismantle the ship. Arrestment can be extinguished by the court by recall. Loosing frees the subject of arrestment but preserves another security for the creditor. Arrestment can take place before an action is served on the defender (called arrestment on the dependence).

Collins dictionary of law. . 2001.

In Scottish law, an order to freeze assets, usually a sum of money, in the hands of a third party who is indebted, or has an obligation to account, to the defender. It is similar in effect to a garnishment in England.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

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Look at other dictionaries:

  • Arrestment — Ar*rest ment, n. [OF. arrestement.] 1. (Scots Law) The arrest of a person, or the seizure of his effects; esp., a process by which money or movables in the possession of a third party are attached. [1913 Webster] 2. A stoppage or check. Darwin.… …   The Collaborative International Dictionary of English

  • arrestment — An old English and Scottish term for what is better known today as foreign attachment or garnishment, but applying only to the provisional remedy, not to any proceeding under or in aid of an execution. Wilder v InterIsland Steam Navigation Co.… …   Ballentine's law dictionary

  • arrestment on the dependence — See arrestment. Collins dictionary of law. W. J. Stewart. 2001 …   Law dictionary

  • arrestment juridictionis fundae causa — noun see arrestment …   Useful english dictionary

  • arrestment — noun see arrest I …   New Collegiate Dictionary

  • arrestment — See arrestable. * * * …   Universalium

  • arrestment — noun The action of arresting (in any sense) …   Wiktionary

  • arrestment — ar rest·ment || mÉ™nt n. arrest; imprisonment, confinement …   English contemporary dictionary

  • arrestment — noun Scots Law an attachment of property for the satisfaction of a debt …   English new terms dictionary

  • arrestment — ar·rest·ment …   English syllables

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