Money and information to prepare before applying for provisional attachment

Many people come for an urgent consultation after hearing that the other party has put their home up for sale. Most agree that provisional attachment (가압류) is needed, but when it comes to actually proceeding, time is lost in two places: identifying the property to be frozen, and arranging the security the court orders. Both can be prepared before the consultation.

You can apply only once you decide what to freeze

Provisional attachment is not a procedure for vaguely freezing all of the other party's property; you apply by specifying particular property. For real estate, you check the owner in the certified copy of the register; for deposits, you need to know which banks the other party uses; and for wages, which company they work for. A provisional attachment of deposits in principle affects the balance at the time the decision is served on the bank, so even if you name several banks, nothing is frozen if there is no balance.

• The other party's name and address, and date of birth if possible
• The location of any real estate and a certified copy of the register
• The names of banks where they are likely to have deposits
• The name and address of their workplace
• Money owed to the other party by others, and who owes it (business partners, landlords, etc.)

Freezing far more property than the amount claimed gives the other party grounds to object or claim damages. It is usual to set an order, for example targeting real estate if there is any, and otherwise deposits or wages.

If you know nothing about the other party's property, you may choose to obtain a judgment first and then find property through a property disclosure (재산명시) and property inquiry (재산조회). Property disclosure can only be used after an enforceable title such as a judgment has become final, so at the provisional attachment stage the court does not find property for you.

Arrange the security in advance

The court may order you to provide security against the damage the other party could suffer from the provisional attachment (Article 280 of the Civil Execution Act). Security is provided by depositing cash or securities, or by submitting a document showing a payment bond contract with a surety insurance company (Article 122 of the Civil Procedure Act). Depending on the property and the case, an order may require part of it in cash.

If you spend several days raising money after receiving the order to provide security, the property may be disposed of in the meantime. If you find out the approximate amount of security at the consultation stage and prepare the funds in advance, you can shorten the time it takes to reach a decision.

Two weeks after the decision, and the main action

A provisional attachment decision cannot be enforced once 2 weeks have passed from the date you were notified of it (Article 292(2) of the Civil Execution Act). For real estate, the court commissions the registration, and for deposits and wages, the decision takes effect only when it is served on the bank or company. Once enforcement is done, file the main lawsuit or a payment order promptly. If the other party applies for an order to file suit and you do not file within the period set by the court, the provisional attachment is cancelled (Article 287).

Even after the provisional attachment, you can still negotiate with the other party. Quite often, the mere fact that their property is frozen prompts the other party to get in touch first, and if an agreement is reached, the usual order is to release the provisional attachment after receiving the money owed.

The deposit or surety insurance you provided as security can be recovered through a procedure to cancel the security if you win the main action. Keep the deposit certificate and insurance policy safe until the case is over.