Procedure When You Are Subject to Provisional Attachment or a Provisional Injunction

Which step are you at?

Select your current step and the content for that step will appear below.

1. 1Receiving the decision or registration notice
2. 2Deciding how to respond
3. 3Objection to provisional attachment / injunction
4. 4Application for an order to file suit
5. 5Cancellation for changed circumstances / provision of security
6. 6Release deposit
7. 7Responding to the main lawsuit

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

The time until a decision on an objection or cancellation differs from case to case, so check with the court. If the release amount is deposited, the court must cancel the executed provisional attachment

Cost

Stamp fee (court fee) of KRW 10,000 for an objection or application for cancellation plus the service fee, the release deposit (the amount stated in the decision), and lawyer's fees. For a provisional injunction determining a temporary status, the stamp fee is 1/2 of that for the main case (up to KRW 500,000)

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   You learn that a provisional attachment or provisional injunction (preservation measure) has been placed by receiving the decision sent by the court, a notice that it has been recorded in the register, or a seizure notice from a bank or employer. In the decision, check the creditor (the side claiming money), the amount claimed (the right to be preserved), the frozen assets, and the release amount, and write down the case number. Provisional attachment can be decided without a hearing (Civil Execution Act §280(1)), and it can be executed even before the decision is served on the debtor (§292(3)). So your assets may be frozen before you receive the decision.

2. 2

   If the creditor's claim is correct, the fastest way is to pay or settle and ask for the execution to be released. If you dispute the debt itself or the amount is excessive, consider an objection or application for cancellation; if you need to use the assets right away, consider a release deposit. Also check whether the creditor has already filed the main lawsuit (the main trial).

3. 3

   File a written objection with the court that made the decision, arguing that there is no right to be preserved (the other side's right to be paid) or no need for preservation (need to freeze the assets) (Civil Execution Act §283, §301). There is no deadline, but you cannot dispose of the assets while the provisional attachment remains, so hurry. The court makes a decision to cancel, modify, or approve (maintain) after a hearing or examination, and either side may file an immediate appeal within 1 week (§286).

4. 4

   If the creditor has not filed the main lawsuit, apply for an order to file suit with the court that made the decision. The court orders the creditor to file the main lawsuit and submit proof of it within a period of at least 2 weeks. If the creditor does not comply, the preservation measure is cancelled at the debtor's request (Civil Execution Act §287).

5. 5

   You can apply for cancellation if you have paid the debt or won the main case (changed circumstances), if the debtor provides security (a deposit), or if the creditor has not filed the main lawsuit for 3 years (Civil Execution Act §288). However, a provisional injunction can be cancelled upon provision of security only when there are special circumstances (Civil Execution Act §307).

   Current step
6. 6

   If you deposit the release amount stated in the provisional attachment decision with the court deposit office (deposit) and apply for cancellation of execution, the registration is erased and the seizure released so that you can use the assets (Civil Execution Act §282). However, the provisional attachment itself is not cancelled; the creditor's right moves onto the deposited money. There is no release deposit system for provisional injunctions.

7. 7

   If the creditor files the main lawsuit, submit an answer within 30 days from the day of receiving the copy of the complaint (Civil Procedure Act §256) and respond according to the 'When You Receive a Complaint (Defendant)' procedure. If you win the main case, the assets are released through cancellation of the provisional attachment and cancellation of the security, and you can claim from the creditor the loss caused by the unjust preservation measure. Conversely, if you lose, compulsory execution will come right away against the frozen assets.

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhere do I file an objection, and how much does it cost?

Submit it to the court that made the provisional attachment or provisional injunction decision. The stamp fee is KRW 10,000 (for a provisional injunction determining a temporary status, 1/2 of the stamp fee for the main case, up to KRW 500,000), plus the service fee.You can file electronically, and if the court sets a hearing date, you attend and state your views.

QWhich should I do first, an objection or an application for an order to file suit?

You can file both together. If the creditor's claim itself is wrong, an objection is effective; if the creditor is holding out without filing the main lawsuit, an application for an order to file suit is effective.However, an order to file suit has no effect if the creditor files the lawsuit within the period, so if you have materials to dispute the debt, proceed with an objection at the same time.

QHow much is a release deposit, and where do I make it?

Deposit in cash (leave with the court deposit office) the release amount stated in the decision. According to Supreme Court precedent, the release money can be deposited only in cash.So it cannot be replaced with securities or guarantee insurance. The place to deposit is the deposit office of the district court for the creditor's or debtor's address, or of the execution court.After depositing, apply for cancellation of execution with the deposit certificate attached, and the registration is erased and the seizure released. The deposit is returned to you or paid to the creditor depending on the outcome of the main case (the main trial).

QMy salary has been provisionally attached. Can I still receive money for living expenses?

You can receive it. Wages are protected from seizure up to a certain amount, so you can receive that portion. The protected portion is in principle 1/2 of the wages, with a minimum of KRW 2.5 million per month.When the company receives the seizure notice, it withholds payment only of the portion above the protected range. If you have difficulty making a living, you can apply to the court to change the scope of seizure.

QCan't I sell a house that has been provisionally attached?

The sale itself is possible, but in practice it is hard to sell. If the register shows a provisional attachment, the buyer takes on the provisional attachment.So one way is to release the execution with a release deposit, or to obtain a release by agreement with the creditor, and then sell. Another way is to agree to repay the debt with the sale proceeds and include in the contract a condition that the provisional attachment is released on the balance payment date.

QCan I do it alone without a lawyer?

Partly, yes. An application for an order to file suit (an order to file the main lawsuit) and a release deposit have set forms, so you can do them alone.On the other hand, an objection or an application for cancellation requires rebutting the creditor's claims legally and attending a hearing, so it is hard to do alone. If it continues to the main lawsuit, it is best to get a lawyer's help.