To obtain an attachment, which of the following is NOT required to be included in the affidavit of support for an attachment?

To obtain an attachment, which of the following is NOT required to be included in the affidavit of support for an attachment?

• A. A Grounds for application
• B. A Probability of success on the merits
• C. An Undertaking to indemnify the defendant for damages
• D. A Verified complaint

Answer: (D)

When seeking an attachment, the sworn affidavit must show why the attachment is warranted and provide protections for the defendant. It should set out the grounds for the application—why the plaintiff is entitled to attach the defendant’s property or seek security—along with a demonstrated likelihood of success on the merits of the claim. It also requires an undertaking to indemnify the defendant for damages if the attachment is later found to be unfounded. A verified complaint, however, is not something that has to be included in the affidavit itself; the complaint is a separate pleading, and while it may be verified and used to support the claim, its text or verification isn’t required to be embedded in the affidavit of support for attachment.

When seeking an attachment, the sworn affidavit must show why the attachment is warranted and provide protections for the defendant. It should set out the grounds for the application—why the plaintiff is entitled to attach the defendant’s property or seek security—along with a demonstrated likelihood of success on the merits of the claim. It also requires an undertaking to indemnify the defendant for damages if the attachment is later found to be unfounded. A verified complaint, however, is not something that has to be included in the affidavit itself; the complaint is a separate pleading, and while it may be verified and used to support the claim, its text or verification isn’t required to be embedded in the affidavit of support for attachment.