What must be demonstrated in a motion for order of attachment?

In a motion for an order of attachment, it must be shown that the defendant is a non-domiciliary or unqualified foreign corporation. This requirement is crucial because an order of attachment is a prejudgment remedy that allows a plaintiff to secure a defendant's assets to satisfy any potential judgment. Demonstrating that the defendant is a non-domiciliary or an unqualified foreign corporation is essential for the court to grant the attachment, as it indicates that the defendant may not have sufficient ties or assets within the jurisdiction that could be readily available for enforcement of the judgment.

The other elements mentioned, such as the existence of a claim that exceeds damages, the need for the plaintiff to establish liability, or the defendant's bankruptcy status, do not inherently qualify a plaintiff for an order of attachment in the same way. The key focus is on the jurisdictional status of the defendant to ensure the court has the authority to take such action with the aim of securing the plaintiff's potential recovery.