CONTENTS
- 1. The Debt Collection Client Who Sought Out a Jeju Law Office
- - The Client Who Sought Out a Jeju Debt Collection Attorney to File for an Attachment of Claim and Collection Order
- 2. Knowledge Relevant to the Case, Explained by a Jeju Law Office
- - The 9-Step Procedure for Attachment of a Claim and Collection Order, Explained by a Jeju Debt Collection Attorney
- - Documents Required for Attachment of a Claim and Collection Order, Explained by a Jeju Debt Collection Attorney
- 3. Assistance from the Jeju Law Office
- - Jeju Debt Collection Attorney's Assistance ① Notarial Deed
- - Jeju Debt Collection Attorney's Assistance ② Loan Certificate
- 4. The Court's Decision on the Jeju Law Office's Arguments
- - If You Need to Apply for Attachment of a Claim and a Collection Order
1. The Debt Collection Client Who Sought Out a Jeju Law Office
The debt collection client who sought out a Jeju law office came to a Jeju debt collection attorney to proceed smoothly with filing for an attachment of claim and collection order and with debt collection, and explained the circumstances of the case through a law office consultation.
The Client Who Sought Out a Jeju Debt Collection Attorney to File for an Attachment of Claim and Collection Order
The account of the client to request help is as follows.
The client held a claim against the debtor for the return of a lease deposit.
When the debtor became unable to perform this, the debtor prepared a notarized deed of a debt repayment agreement with the client as a promise to perform.
The debtor set a repayment date and agreed to pay delay damages at an annual rate of 12% on any overdue principal or interest.
However, although the debtor was supposed to pay interest each month, the debtor has not paid interest even once to date.
The client decided to attach the debtor's claim on the basis of the enforceable notarized deed and to apply it toward repayment.
The client sought out a Jeju attorney to obtain 🔗debt collection advice and resolve the matter promptly.
2. Knowledge Relevant to the Case, Explained by a Jeju Law Office
The Jeju debt collection client sought out a Jeju attorney to request the filing of an attachment of claim and collection order.
An attachment of claim and collection order means attaching a monetary claim that the debtor holds against a third-party debtor, with the creditor receiving repayment of the attached claim on the debtor's behalf.
The 9-Step Procedure for Attachment of a Claim and Collection Order, Explained by a Jeju Debt Collection Attorney
Attachment of a claim and a collection order proceed through the following steps.
▶ After securing the written judgment, the creditor must prepare the application for a collection order.
▶ The necessary supporting evidence must be attached.
▶ The application is submitted to the competent court.
▶ After reviewing the application, the court issues a written notice of its decision.
▶ The property to be attached is identified in specific terms.
▶ An attachment order is requested with respect to that property.
▶ The enforcement procedure for collection is carried out.
▶ The recovered amount is distributed to the creditor.
Documents Required for Attachment of a Claim and Collection Order, Explained by a Jeju Debt Collection Attorney
For an application for attachment of a claim and a collection order, thorough preparation of the required documents is the most important factor. The documents required at the time of application are reviewed in detail below.
Document | Description |
Application | The official application submitted to the court, stating all required information |
Certificate of the claim | A document proving the existence and amount of the claim |
The applicant's identification | A document to verify the applicant's identity |
The debtor's information | A record of the debtor's personal details, such as name and address |
3. Assistance from the Jeju Law Office
The Jeju Law Office established a thorough strategy based on the evidence.
To protect the client's legal rights, the following arguments were advanced.
Jeju Debt Collection Attorney's Assistance ① Notarial Deed
The enforceability of a notarial deed refers to the effect by which compulsory execution may be carried out using the notarial deed as the title of execution.
If the notarial deed contains consent to compulsory execution, its enforceability is recognized.
The Jeju attorney argued that, based on the debtor's promise of repayment and the date of performance specified in the notarial deed, the application for attachment of the claim and a collection order should be granted.
Jeju Debt Collection Attorney's Assistance ② Loan Certificate
The Jeju attorney used the loan certificate as evidence and clearly established the existence of the debtor's obligation.
The loan certificate sets out the loan relationship between the debtor and the client, as well as the repayment date, so it can clearly show the circumstances of the debtor's default.
Because the loan certificate clearly records the amount of the claim and the obligation to pay interest, the attorney argued that the application for attachment of the claim and a collection order should be granted.
4. The Court's Decision on the Jeju Law Office's Arguments
The court accepted the Jeju attorney's arguments and issued a judgment stating, ‘The debtor's claim against the third-party debtor is attached. The creditor may collect the attached claim.’
The client expressed deep gratitude to the Jeju attorney for the considerable help provided.
If You Need to Apply for Attachment of a Claim and a Collection Order
An application for attachment of a claim and a collection order must be prepared thoroughly through accurate preparation of the documents.
If there is an error in the documents submitted to the court or if necessary evidence is omitted, there is a risk that the application may be dismissed.
It is therefore recommended to obtain the assistance of an attorney to maximize the prospects of recovering the claim.
At Daeryun, 🔗civil litigation attorneys resolve cases promptly through in-depth analysis.
If you are facing difficulties in a situation similar to the case above, please consult an attorney and entrust your case through a 🔗legal consultation booking.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
