A recorded attachment creates an encumbrance on the title to property, dependent on the status of the suit in which the attachment was granted. The priority of the Writ of Attachment is established at the date and time it is recorded in the land records. Any judgment lien filed on real property which has been attached in the suit in which the judgment is rendered shall relate back to the date of attachment if the judgment is recorded within 60 days after it becomes final. An attachment expires immediately upon dismissal of the suit or a judgment adverse to the attaching party, or 60 days after final judgment in favor of the attaching party.
Comment 1. See 12 V.S.A. §2902 for requirements for recording of judgments. See VRCP 4.1 for the procedure for acquiring an attachment. See VRCP 62(e) regarding continuation of Attachments after judgment is entered.
Comment 2. A discharge of an attachment can be obtained and recorded pursuant to 12 V.S.A. §3293(b).
History
September 20. 2012 This standard was added.