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Do you or your business have a monetary claim against a debtor who won't pay up? Then a petition for attachment can be an effective means of securing the claim pending final clarification in the main case.
Temporary securing of monetary claims is a way for a creditor to quickly secure a payment claim against a debtor. The process is also known as attachment and is used in cases that for various reasons require rapid or immediate clarification. These may be cases where there is a risk that assets will be destroyed, that the debtor is evading assets or that monetary claims will be lost. A petition for attachment means that the party with a claim against the debtor receives temporary security in an asset belonging to the debtor. This can be done, for example, by blocking bank account deposits or by registering a security for the monetary claim in property belonging to the debtor. The purpose of temporary security is to prevent the enforcement of the monetary claim from later becoming impossible or otherwise difficult.
What is required for you to request an arrest?
Two main conditions must be met in order to temporarily secure a monetary claim through attachment. Firstly, you must be able to substantiate that you have a claim against the debtor. There must be a preponderance of probability that a claim exists, and a concrete reason to believe that the debtor's actions will make it particularly difficult for the creditor to enforce its claim. Secondly, you must substantiate the existence of a security interest, i.e. there must be a specific reason for securing the claim prior to any legal proceedings. For example, a security reason could be that you fear a loss of assets due to the debtor's actions.
Arrest may be granted if the debtor's behaviour gives reason to fear that enforcement of the claim will either be forfeited or otherwise made significantly more difficult. Arrest thus presupposes that enforcement would otherwise be difficult as a result of «the debtor's behaviour». Illegal, unlawful or reprehensible behaviour is behaviour that may provide grounds for the attachment of the debtor's assets. Furthermore, there may be grounds for attachment if the debtor plans or actually transfers funds or assets to others. Evasion of payment responsibility or unfounded objections to the debtor's willingness to pay are other examples of behaviour that can form the basis for granting an attachment.
An attachment does not result in the realisation of the claim, but only in temporary security. If the coverage of the claim is to be realised, the person who has been arrested in an asset belonging to the debtor can request that the arrest be converted into an attachment pledge. This pledge will form the basis for enforced realisation of the monetary claim.
What happens after you have requested an arrest?
Temporarily securing monetary claims is done through a petition for attachment to the district court. The court has three options after it receives the petition. The district court can either write a decision without the other party being heard, or summon both parties to an oral hearing before the decision is written, or reject the petition on the grounds that a claim has not been substantiated or a ground for security has not been confirmed.
If the district court agrees with your claim for attachment, the case is transferred to the bailiff or police for execution. The bailiff takes the necessary measures to secure the claim, such as blocking the debtor's account. An attachment order usually lasts for one year from the date it is issued, but the court can set other conditions for the length of the order. However, the debtor can request that the attachment be cancelled if security is provided for the claim.
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