How do I release a claim provisional attachment?

A claim provisional attachment is a 'temporary measure' that ties up the debtor's property until the creditor wins the main lawsuit.

Therefore, the debtor can apply for the release of a claim provisional attachment through various reasons 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 a request to cancel the provisional attachment execution with the execution court (Article 299 of the Civil Execution Act).

In this case, the deposit can only be made in cash, and you must pay it to the designated bank after submitting the deposit certificate and a copy of the provisional attachment decision.

Then, by submitting the execution cancellation request to the court attaching the fact of the release deposit, you can cancel the provisional attachment.

(2) Cancellation due to non-compliance with order to file

If the creditor only made the provisional attachment and did not file the main lawsuit within the specified period, the debtor may apply to the court for an 'order to file' (Article 287 of the Civil Execution Act).

Despite the order to file, if the creditor does not file the lawsuit or it is dismissed or withdrawn, the debtor may apply for cancellation of the provisional attachment.

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

(3) Cancellation due to changed circumstances, etc.

If the situation has changed after the provisional attachment and the reason for its existence has disappeared, the debtor may apply for cancellation (Article 288 of the Civil Execution Act).

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

In summary, there are methods of canceling execution through release deposit, and seeking cancellation based on reasons such as the creditor's delay in filing, defeat in the main case, or changed circumstances.

Since the application procedure and cost vary depending on the situation, it is good to carefully examine and choose the method that suits you.