What is the procedure for an application for provisional attachment?

An application for provisional attachment is a procedure to prevent the debtor from disposing of assets before proceeding with the suit on the merits regarding the claim and debt.

An application for provisional attachment can be filed against real estate, automobiles, tangible movables, monetary claims, and the like, and after paying service fees and so on, you receive the court's judgment.

If the court grants the application for provisional attachment, the other party cannot arbitrarily dispose of its assets until the judgment in the suit on the merits is rendered.

The effect of the provisional attachment arises immediately when the ruling is notified, and its enforceability arises when it is notified to the creditor, even if there is no notice to the debtor.

As soon as the provisional attachment takes effect, the debtor cannot dispose of the bank deposits, real estate, vehicles, and the like that have been attached.

Afterward, once the suit on the merits ends and a decision for compulsory execution is obtained, the other party's assets are disposed of through methods such as auction in order to recover the claim.

When pursuing litigation related to a claim in this way, because the legal procedures that begin with an application for provisional attachment in advance and continue through compulsory execution are complex, it is advisable to obtain the help of an attorney.

If you need detailed legal judgment and help with the suit on the merits and the application for provisional attachment, you may wish to seek advice from an attorney with expertise.