Precautionary Seizure

A precautionary seizure is a form of attachment that takes place before a judgment is rendered. The purpose of a precautionary attachment is to prevent the debtor from selling certain assets (or encumbering them with, for example, a pledge) before a judgment has been issued with what the creditor can execute an execution.

Preservative seizure requires seizure leave from the preliminary relief judge. A petition must be submitted for this, in which the claim on the debtor is described and on which the creditor wishes to seize. The debtor is often not heard in the proceedings, because he can then withdraw the assets concerned from the story.

If the creditor’s claim is finally granted, the attachment is transferred to enforcement and the creditor can execute it.

If the claim is rejected, the creditor may be liable for the consequences of the seizure.