Application for Attachment of a Claim and a Collection Order | Attachment of and Collection from a Deposit Claim in a Case of an Unreturned Lease Deposit Granted

Attachment of a claim and a collection order is a compulsory execution procedure that attaches a claim the debtor holds against a third party so that the creditor may receive payment directly through civil execution.

Once the court issues its decision, the creditor may directly collect claims payable to the third-party debtor, such as the debtor's deposits at financial institutions, wages, and transaction proceeds.

It is frequently used in the following situations, in particular.

-Where there is a dispute over the return of a lease deposit

-Where a monetary debt between individuals has not been performed

-Where there is a title of execution, such as a judgment or a notarial deed

-Where third-party debtor claims exist, such as the debtor's deposits or transaction proceeds

Where it is difficult to use guarantee insurance in connection with the return of a lease deposit, the procedure for attachment of a claim and a collection order is sometimes considered as a means of recovering the claim.

Procedure for Attachment of a Claim and a Collection Order

Time Required for Attachment of a Claim and a Collection Order

The civil law attorney first reviewed the notarial deed executed between the client and the landlord in order to determine whether compulsory execution was available.

The notarial deed clearly set out the principal debt, the due date, the interest, and the delay damages, and it included an enforceable notarial deed providing that compulsory execution could be carried out if the debtor delayed repayment, so it could be used as a title of execution.

The civil law attorney established a strategy for attaching the debtor's accounts at financial institutions.

In particular, the attorney reviewed the feasibility of attachment with respect to various types of deposits, including ordinary deposits, time deposits, and installment savings, and structured the application so that, where several accounts of the same type existed, attachment would proceed in order from the account with the largest balance.

The attorney also designed the application to include future deposits within the scope of attachment, thereby increasing the likelihood of actual recovery of the claim.

When submitting the application for attachment of the claim and a collection order, the civil law attorney also filed a demand for a statement against the financial institution, which was the third-party debtor.

Through this measure, the attorney had the financial institution state to the court whether the debtor's deposits existed and whether payment was possible, thereby preparing the way for the subsequent collection proceedings to proceed smoothly.

The application for attachment of a claim and a collection order is not a mere application procedure but a civil execution process that extends from review of the title of execution, identification of the claim to be attached, and responses to the financial institution through to actual collection.

Accordingly, the process of identifying recoverable claims by understanding the debtor's asset situation and the structure of the debtor's financial transactions is important.

At the early stage of a case, the civil law attorney reviews the validity of the title of execution and the likelihood of recovering the claim, and prepares and submits the application for attachment of the claim and a collection order, as well as conducting the procedure for attaching deposit claims against the financial institution.

Thereafter, once the decision granting attachment and a collection order is issued, the attorney manages the process through to the preparation of documents to be submitted to the financial institution and the receipt of the collected amount.

Daeryun, the ninth-ranked law firm in the Republic of Korea (based on the 2025 value-added tax filings with the National Tax Service), reviews cases through a one-stop response system in which attorneys in the fields of civil execution, real estate, and finance collaborate, and it develops tailored response strategies according to the matter.

If you are facing difficulty in recovering a claim due to an issue with the return of a lease deposit or due to default, we invite you to assess the likelihood of recovery through attachment and collection proceedings by means of a 🔗legal consultation appointment.