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Please tell me the procedure and method for provisional attachment and provisional injunction.

I am a tenant who has lived here for about two years after signing a lease with the landlord. Now that I intend to move, I requested the return of my lease deposit, but the landlord refused, saying there is no money to return. I have to move, but the landlord is holding out and refusing to return the deposit, so the stress is so severe that I am on the verge of losing my hair. Is there no way to promptly obtain a provisional attachment and provisional injunction? Busan debt collection attorney, please help me.

provisional attachment and provisional injunction

Answer to Related Inquiry

Author: 정찬우

Hello. I am an attorney specializing in Busan debt collection.

If you have been refused the return of your lease deposit, you should take legal action promptly.

In particular, where the landlord has expressly stated that they will not return the deposit, it is very important to secure the property through a provisional attachment and provisional injunction.

A provisional attachment and provisional injunction is a procedure that freezes the debtor's property in advance so that compulsory execution becomes possible.

If the landlord has realizable property, such as deposits, real estate, vehicles, and salary, it can be made the subject of the measure.

The procedure is as follows.

① Preparing the application : Prepare the application by attaching the lease agreement, the deposit payment records, and evidence of the demand for return
② Submission to the competent court : usually submitted to the court with jurisdiction over the landlord's address or the location of the real estate
③ Payment of a bond and the granting decision : if the court issues a granting decision, a bond may be required, and after payment the provisional attachment is executed through an enforcement officer
④ Filing the suit on the merits : you must file the suit on the merits (a claim for the return of the deposit) within a certain period after the provisional attachment for conversion into compulsory execution to be possible

The requirements are the existence of a claim and urgency.

In other words, where the right to claim the return of the lease deposit exists and there is a high likelihood that the debtor will dispose of their property, the court may grant the application.

Because materials that can prove this are very important, you should secure evidence in advance, such as the contract, text messages, call recordings, and the content of the moving-out notice.

Obtaining the assistance of an experienced Busan debt collection attorney is most effective.

The reason is that documents for submission to the court require professional reasoning and substantiation, and there are also cases in which the application can be granted without a bond.

An attorney specializing in Busan debt collection at Daeryun Law LLC will assist you promptly.