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Attachment of claim and collection order
Attachment of claim and collection orderGranting (upholding the claim)

Compulsory Execution Attorney Assistance Case | Granting of an Attachment of Claim and Collection Order for Approximately 9 Billion Won

The client, who sought out the compulsory execution attorney, was unable to recover an investment, so the client sent a content-certified mail and requested legal assistance from the compulsory execution attorney in order to proceed with attachment of a claim and collection.

1. The Client Who Sought a Compulsory Execution Attorney

Daeryun compulsory execution attorney assistance with an application for attachment of a claim

The compulsory execution attorney's client sought to proceed with compulsory execution after being unable to recover an apartment construction investment, and with the attorney's assistance, the client obtained an order granting attachment of a claim and a collection order.

The Client Who Inquired About Compulsory Execution

The following is the background of the case as understood by the compulsory execution attorney.

The client had invested a large sum in an apartment construction project more than ten years earlier.

For various reasons, the construction was repeatedly delayed, and the client had not recovered any of the invested funds.

When the construction was recently completed, the client asked the construction company to pay the contracted proceeds, but the other party refused, claiming it had no money.

The client therefore decided to send a certified content letter and then proceed with debt collection, and sought out a compulsory execution attorney for legal assistance.

2. Compulsory Execution Explained by an Attorney

Daeryun compulsory execution attorney collection order evidence collection

The client of the compulsory execution attorney was at the stage of needing compulsory execution to exercise a claim.

Compulsory execution refers to a procedure for compulsorily realizing a right to claim through the state's public authority.

Unlike preservative measures such as provisional attachment, this can be regarded as a procedure that follows the judgment process and effectively resolves the dispute.

Compulsory execution can be carried out not only against monetary claims, but may also target a variety of the debtor's actual assets.

Examples of assets that may be subject to compulsory execution

▶ Real estate such as apartments and houses

▶ Automobiles, small vessels, and aircraft

▶ Construction machinery

▶ Tangible movables such as goods and livestock

▶ Monetary claims


The Substance of the Compulsory Execution

If, as with the client, one wishes to carry out compulsory execution against a claim, a monetary claim that the debtor holds against a third-party debtor can be made the subject of compulsory execution.

For example, if the debtor holds deposits and claims with Bank A and individual B, those bank deposits and claims may all be attached and recovered through 🔗debt collection.

If an attachment of claim and collection order is obtained from the court, recovery is carried out under the Civil Execution Act by attaching the other party's monetary claim and converting it into cash.

The relevant statute is as follows.


Civil Execution Act, Article 223 (Order to Attach a Claim)
Compulsory execution against a monetary claim of a debtor against a third party … shall commence by an order of attachment issued by the execution court.

3. The Attorney's Areas of Assistance

The compulsory execution attorney closely examined the contract drawn up between the client and the debtor and the actual status of the claim and obligation, and presented arguments.

The Attorney's Representation (1): Service of a Certified Content Notice

The contract that the debtor prepared with the client specified the exact investment amount and the corresponding returns.

By sending a certified content notice regarding this, we were able to apply psychological pressure on the debtor and establish a legal basis.

The compulsory execution attorney prepared a certified content notice setting out these details and served it on the debtor, and subsequently submitted it as evidence in the application for attachment of claim.

The Attorney's Representation (2): Order for Payment

The debtor had already received and finalized a payment order judgment regarding the client's claim.

Based on this judgment, it was necessary to attach claims against third-party debtors, such as the debtor's bank deposits.

Accordingly, the compulsory execution attorney emphasized the necessity of attachment, noting that a payment order decision had been obtained with respect to the claims held by the debtor.

The Attorney's Representation (3): The Debtor's Evasion

At the time of the investment contract, the debtor had promised the recovery of the investment along with the proceeds, but as the deadline approached, the debtor became unreachable.

The fact that the debtor expressed no intention to repay at all could be regarded as deliberate evasion.

The compulsory execution attorney emphasized that the debtor was evading the debtor's obligations by intentionally avoiding contact and other means.

4. Result of the Attorney's Assistance: Attachment of Claim

Daeryun compulsory execution attorney compulsory execution order pleading

The court, accepting the compulsory execution attorney's argument, even issued an order to attach the debtor's claims amounting to approximately 9 billion won and to collect on them in order to recover the credit.

When Compulsory Execution May Be Necessary

This was a case in which the client, who was at risk of being unable to recover a large investment, safely obtained attachment of a claim and a collection order with the assistance of the compulsory execution attorney.

As shown here, even when a legal judgment has been obtained, follow-up procedures are needed in order to actually recover a claim.

Daeryun Law Firm assists not only with civil judgments on claims but also with the collection procedures required for the actual recovery of claims.

In particular, a number of attorneys specializing in debt collection who are registered with the Korean Bar Association are on staff, which makes it possible to provide tailored solutions for each client.

If you are concerned about a similar matter, please seek assistance through a 🔗legal consultation appointment.

강제집행변호사

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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