In a collection case where attachment is issued before service of summons, what is the effect on the attachment?

In a collection case where attachment is issued before service of summons, what is the effect on the attachment?

• A. The attachment remains valid without summons.
• B. The attachment must be preceded or contemporaneously accompanied by service of summons; otherwise invalid.
• C. The attachment is void.
• D. The attachment automatically attaches the defendant's property.

Answer: (B)

The key idea is that a writ of attachment in a collection action is a provisional remedy that must be tied to proper notice to the defendant. Service of summons gives the defendant the opportunity to respond, and the court’s exercise of attachment power is framed around that notice. If the attachment is issued before the defendant has been served, there’s no notice and no opportunity to be heard at that stage. That makes the attachment improper. Therefore, the rule requires the attachment to be preceded or contemporaneously accompanied by service of summons; otherwise it is invalid. The other options fail because: - Attachment cannot remain valid without summons, since due process requires notice. - Saying the attachment is void is too absolute without noting the necessity of proper timing with service. - There isn’t automatic attachment of the defendant’s property independent of service and notice.

The key idea is that a writ of attachment in a collection action is a provisional remedy that must be tied to proper notice to the defendant. Service of summons gives the defendant the opportunity to respond, and the court’s exercise of attachment power is framed around that notice.

If the attachment is issued before the defendant has been served, there’s no notice and no opportunity to be heard at that stage. That makes the attachment improper. Therefore, the rule requires the attachment to be preceded or contemporaneously accompanied by service of summons; otherwise it is invalid.

The other options fail because:

• Attachment cannot remain valid without summons, since due process requires notice.

• Saying the attachment is void is too absolute without noting the necessity of proper timing with service.

• There isn’t automatic attachment of the defendant’s property independent of service and notice.