What are the conditions for a precautionary attachment order? Under what circumstances can it be requested?
We can examine this issue under two main headings: A) Claims Subject to Provisional Attachment and B) Reasons for Provisional Attachment. First, the claim in question must be a monetary claim. In terms of the request for a precautionary measure, the source, reason, and document to which the monetary claim is linked are irrelevant.
In summary, it must be a claim that can be demanded in cash or money. Another condition for a claim subject to provisional attachment is that the claim must not be secured by a pledge. If the claim is secured by a pledge, provisional attachment cannot be requested for the value of the pledged property to the extent that it covers the claim; however, provisional attachment may be requested for the portion outside the pledge security. The point we wish to emphasize here is that what the law requires is that the claim be secured by a pledge; that is, if the claim is secured by a guarantee other than a pledge, provisional attachment may be requested.
We will examine the grounds for precautionary measures as general and specific reasons. The creditor’s request for provisional attachment varies depending on whether the claim is due or not. While provisional attachment may be requested without any conditions for claims that have matured, the legislator has made it possible to request provisional attachment for claims that have not yet matured, subject to the existence of a number of reasons.
These reasons are as follows:
– The debtor does not have a specific place of residence.
– The debtor conceals himself, absconds, or prepares to abscond, or engages in fraudulent transactions in order to avoid his obligations, thereby violating the rights of the creditor.