CONTENTS
- 1. Application for Attachment of a Claim and a Collection Order | Details of the Case
- - Procedure and Key Points
- - Procedure for Attachment of a Claim and a Collection Order and the Time Required
- 2. Application for Attachment of a Claim and a Collection Order | Matters of Assistance
- - Review of the Title of Execution Based on a Notarial Deed
- - Design of a Strategy for Attaching Deposit Claims Against a Financial Institution
- - Demand for a Statement from the Third-Party Debtor and Conduct of Collection Proceedings
- 3. Application for Attachment of Claim and Collection Order | Case Outcome
- - If You Need Assistance
1. Application for Attachment of a Claim and a Collection Order | Details of the Case
This is a case in which an application for attachment of a claim and a collection order was submitted to recover a lease deposit claim that had not been returned.
The client had leased and resided in a house several years earlier, but although the contract term ended, the lessor did not return the deposit, causing the client to experience financial difficulties.
Generally, the issue of returning a lease deposit is sometimes resolved through guarantee insurance and the like, but in the client's case, the contract was structured so as to be excluded from eligibility for guarantee insurance, making it difficult to use that system; moreover, a mortgage to secure a maximum amount had been established on the property, and the lessor's financial condition was poor, so the return of the deposit was being delayed.
The lessor had also failed to return the deposits of other tenants and, having no regular earned income, lacked the capacity to make repayment.
To protect his rights, the client applied for an order for registration of the right to lease and completed the registration, but as the deposit was not returned, he came to consider further legal measures, and thereafter the client and the lessor drew up a debt repayment agreement and a notarial deed concerning the unreturned deposit and interest.
Even after this, however, the lessor did not perform the promised repayment.
Ultimately, the client concluded that voluntary repayment could not be expected and requested a consultation from Daeryun Law Firm in order to recover the claim.
Procedure and Key Points
Attachment of a claim and a collection order is a compulsory execution procedure that attaches a claim the debtor holds against a third party so that the creditor may receive payment directly through civil execution.
Once the court issues its decision, the creditor may directly collect claims payable to the third-party debtor, such as the debtor's deposits at financial institutions, wages, and transaction proceeds.
It is frequently used in the following situations, in particular.
-Where there is a dispute over the return of a lease deposit
-Where a monetary debt between individuals has not been performed
-Where there is a title of execution, such as a judgment or a notarial deed
-Where third-party debtor claims exist, such as the debtor's deposits or transaction proceeds
Where it is difficult to use guarantee insurance in connection with the return of a lease deposit, the procedure for attachment of a claim and a collection order is sometimes considered as a means of recovering the claim.
Procedure for Attachment of a Claim and a Collection Order and the Time Required
Procedure for Attachment of a Claim and a Collection Order
Step | Content |
1 | Securing a title of execution, such as a judgment or a notarial deed |
2 | Preparing the application for attachment of the claim and a collection order and submitting it to the court |
3 | The court's decision granting attachment and a collection order |
4 | Service of the written decision on the third-party debtor (such as the financial institution) |
5 | Direct collection of the claim by the creditor |
Time Required for Attachment of a Claim and a Collection Order
Procedure | Average Period |
Submission of the application | Immediate |
Review by the court | Approximately one to two weeks |
Service of the written decision | Approximately one to two weeks |
Actual collection | Proceeds according to the third-party debtor's payment schedule |
2. Application for Attachment of a Claim and a Collection Order | Matters of Assistance
In the case of the application for attachment of a claim and a collection order, the civil law attorney prepared a stage-by-stage response, from reviewing the title of execution, to establishing a strategy for attaching the financial institution deposit claim, to carrying out the collection procedure.
Review of the Title of Execution Based on a Notarial Deed
The civil law attorney first reviewed the notarial deed executed between the client and the landlord in order to determine whether compulsory execution was available.
The notarial deed clearly set out the principal debt, the due date, the interest, and the delay damages, and it included an enforceable notarial deed providing that compulsory execution could be carried out if the debtor delayed repayment, so it could be used as a title of execution.
Design of a Strategy for Attaching Deposit Claims Against a Financial Institution
The civil law attorney established a strategy for attaching the debtor's accounts at financial institutions.
In particular, the attorney reviewed the feasibility of attachment with respect to various types of deposits, including ordinary deposits, time deposits, and installment savings, and structured the application so that, where several accounts of the same type existed, attachment would proceed in order from the account with the largest balance.
The attorney also designed the application to include future deposits within the scope of attachment, thereby increasing the likelihood of actual recovery of the claim.
Demand for a Statement from the Third-Party Debtor and Conduct of Collection Proceedings
When submitting the application for attachment of the claim and a collection order, the civil law attorney also filed a demand for a statement against the financial institution, which was the third-party debtor.
Through this measure, the attorney had the financial institution state to the court whether the debtor's deposits existed and whether payment was possible, thereby preparing the way for the subsequent collection proceedings to proceed smoothly.
3. Application for Attachment of Claim and Collection Order | Case Outcome
Through assistance with the application for attachment of the claim and a collection order, the court issued a decision granting attachment and a collection order with respect to the debtor's deposit claims against the financial institution.
As a result, the creditor became able to collect the claim directly, and the client became able to proceed with recovery of the lease deposit that had long gone unreturned.
If You Need Assistance
The application for attachment of a claim and a collection order is not a mere application procedure but a civil execution process that extends from review of the title of execution, identification of the claim to be attached, and responses to the financial institution through to actual collection.
Accordingly, the process of identifying recoverable claims by understanding the debtor's asset situation and the structure of the debtor's financial transactions is important.
At the early stage of a case, the civil law attorney reviews the validity of the title of execution and the likelihood of recovering the claim, and prepares and submits the application for attachment of the claim and a collection order, as well as conducting the procedure for attaching deposit claims against the financial institution.
Thereafter, once the decision granting attachment and a collection order is issued, the attorney manages the process through to the preparation of documents to be submitted to the financial institution and the receipt of the collected amount.
Daeryun, the ninth-ranked law firm in the Republic of Korea (based on the 2025 value-added tax filings with the National Tax Service), reviews cases through a one-stop response system in which attorneys in the fields of civil execution, real estate, and finance collaborate, and it develops tailored response strategies according to the matter.
If you are facing difficulty in recovering a claim due to an issue with the return of a lease deposit or due to default, we invite you to assess the likelihood of recovery through attachment and collection proceedings by means of a 🔗legal consultation appointment.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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