Provisional attachment

Provisional attachment is the temporary seizure of the debtor's assets by court order to guard against dissipation in money claims. Its purpose is to secure the claim until enforcement or litigation concludes.

It is available in principle for due claims not secured by pledge, and exceptionally for claims not yet due where the debtor has no fixed residence or is preparing to hide assets. The court decides upon security posted by the creditor at the statutorily prescribed level, and the order may be issued without hearing the debtor.

Reflecting its provisional nature, both execution of the order and the follow-up enforcement or lawsuit are tied to short statutory periods, and the attachment lapses automatically if they are missed. A creditor ultimately proven wrong is liable for the debtor's resulting losses. Requests based on cheques and promissory notes make up a large share of daily commercial practice.