Beslagrekest
Attachment Petition
An attachment petition is an application to the interim relief judge seeking leave to levy conservatory attachment on a debtor’s assets or claims.
An attachment petition is a written request submitted by a creditor to the court seeking leave to levy attachment before a judgment has been obtained. Its purpose is to prevent the debtor from dissipating assets that would otherwise be available for enforcement.
This instrument is relevant where there is a risk of asset dissipation or uncertainty as to the enforceability of a claim. The court examines whether there are sufficient concrete indications of a well-founded claim and of the interest justifying attachment.
In practice, an attachment petition is frequently filed in urgent matters, such as non-payment or impending bankruptcy, and results in swift attachment without the opposing party being heard in advance.
“The attorney filed an application for attachment with the provisional measures judge to levy attachment on the debtor’s bank account.”
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