What is the difference between provisional attachment and provisional injunction?

Let me answer your inquiry about the differences between provisional attachment and provisional injunction.

First, provisional attachment is a preservative measure applied to the court in advance to freeze the debtor's property for the purpose of preserving the execution of monetary claims or claims that can be converted to money.

Provisional attachment serves to preserve the property by preventing the debtor from disposing of it.

Conversely, provisional injunction is a measure applied for the purpose of preserving future execution regarding claims for things or rights other than monetary claims, such as real estate ownership transfer or registration cancellation claims.

This is applied for the purpose of maintaining the current state to prevent the debtor from disposing of property or changing its state.

Accordingly, provisional attachment is mainly necessary in situations related to monetary claims.

When it is judged that the debtor is not paying back money and continues to delay repayment, or there is a possibility of hiding property, you should apply for provisional attachment.

Conversely, provisional injunction is necessary when you need to protect rights other than monetary ones.

If, after the other party sells real estate, the ownership transfer registration has not been completed and there is a possibility that the other party may dispose of that real estate, it is good to apply for a provisional injunction.

Both provisional attachment and provisional injunction are legal measures to preserve property before litigation, but their purposes and scope of application differ.

For example, if you want to prevent property from being disposed of, apply for provisional attachment, and if you want to protect rights other than monetary claims, apply for provisional injunction.

Provisional attachment and provisional injunction can be applied for legally on your own, but the procedures are complex, so it is good to receive help from an attorney.