Compulsory Execution Attorney Assistance Case | Granting of an Attachment of Claim and Collection Order for Approximately 9 Billion Won

The following is the background of the case as understood by the compulsory execution attorney.

The client had invested a large sum in an apartment construction project more than ten years earlier.

For various reasons, the construction was repeatedly delayed, and the client had not recovered any of the invested funds.

When the construction was recently completed, the client asked the construction company to pay the contracted proceeds, but the other party refused, claiming it had no money.

The client therefore decided to send a certified content letter and then proceed with debt collection, and sought out a compulsory execution attorney for legal assistance.

If, as with the client, one wishes to carry out compulsory execution against a claim, a monetary claim that the debtor holds against a third-party debtor can be made the subject of compulsory execution.

For example, if the debtor holds deposits and claims with Bank A and individual B, those bank deposits and claims may all be attached and recovered through 🔗debt collection.

If an attachment of claim and collection order is obtained from the court, recovery is carried out under the Civil Execution Act by attaching the other party's monetary claim and converting it into cash.

The relevant statute is as follows.

The contract that the debtor prepared with the client specified the exact investment amount and the corresponding returns.

By sending a certified content notice regarding this, we were able to apply psychological pressure on the debtor and establish a legal basis.

The compulsory execution attorney prepared a certified content notice setting out these details and served it on the debtor, and subsequently submitted it as evidence in the application for attachment of claim.

The debtor had already received and finalized a payment order judgment regarding the client's claim.

Based on this judgment, it was necessary to attach claims against third-party debtors, such as the debtor's bank deposits.

Accordingly, the compulsory execution attorney emphasized the necessity of attachment, noting that a payment order decision had been obtained with respect to the claims held by the debtor.

At the time of the investment contract, the debtor had promised the recovery of the investment along with the proceeds, but as the deadline approached, the debtor became unreachable.

The fact that the debtor expressed no intention to repay at all could be regarded as deliberate evasion.

The compulsory execution attorney emphasized that the debtor was evading the debtor's obligations by intentionally avoiding contact and other means.

This was a case in which the client, who was at risk of being unable to recover a large investment, safely obtained attachment of a claim and a collection order with the assistance of the compulsory execution attorney.

As shown here, even when a legal judgment has been obtained, follow-up procedures are needed in order to actually recover a claim.

Daeryun Law Firm assists not only with civil judgments on claims but also with the collection procedures required for the actual recovery of claims.

In particular, a number of attorneys specializing in debt collection who are registered with the Korean Bar Association are on staff, which makes it possible to provide tailored solutions for each client.

If you are concerned about a similar matter, please seek assistance through a 🔗legal consultation appointment.