How do I release a provisional attachment of a claim?

Provisional attachment of a claim is a 'temporary measure' that ties up the debtor's property until the creditor wins the suit on the merits.

Therefore, the debtor can apply for the release of the provisional attachment of a claim through various grounds and procedures.

The main methods are as follows.

① Release deposit

You may deposit the 'provisional attachment release amount' set by the court, and file an application with the execution court to cancel the provisional attachment execution (Article 299 of the Civil Execution Act).

At this time, only money can be deposited, and after submitting the deposit statement and a copy of the provisional attachment decision, you must pay it to the designated bank.

After that, if you attach proof of the release deposit and submit an application for cancellation of execution to the court, the provisional attachment can be canceled.

② Cancellation due to failure to comply with an order to institute suit

If the creditor merely placed the provisional attachment and did not file a suit on the merits within the set period, the debtor may apply to the court for an 'order to institute suit' (Article 287 of the Civil Execution Act).

Despite the order to institute suit, where the creditor does not file the suit or the suit is rejected or withdrawn, the debtor can file an application to cancel the provisional attachment.

In this case, you must pay the application form, a copy of the provisional attachment decision, the stamp fee, and the service fee.

③ Cancellation due to a change of circumstances and the like

Where the situation changes after the provisional attachment and the grounds for its continuation disappear, the debtor can apply for cancellation (Article 288 of the Civil Execution Act).

In addition, if the debtor provides the security set by the court, the court can cancel the provisional attachment itself (Article 288 (1) of the Civil Execution Act).

To summarize, there are methods of seeking cancellation through cancellation of execution by a release deposit, and on the grounds of the creditor's delay in instituting suit, loss on the merits, a change of circumstances, and the like.

Because the application procedure and costs vary depending on the situation, it is advisable to examine the matter carefully and then choose the method that suits you.