Provisional attachment
The precautionary seizure of the debtor's assets by court order, for due money claims, against the risk of assets being dissipated.
All termsProvisional attachment is the temporary seizure of the debtor's assets by court order to guard against dissipation in money claims. Its purpose is to secure the claim until enforcement or litigation concludes.
It is available in principle for due claims not secured by pledge, and exceptionally for claims not yet due where the debtor has no fixed residence or is preparing to hide assets. The court decides upon security posted by the creditor at the statutorily prescribed level, and the order may be issued without hearing the debtor.
Reflecting its provisional nature, both execution of the order and the follow-up enforcement or lawsuit are tied to short statutory periods, and the attachment lapses automatically if they are missed. A creditor ultimately proven wrong is liable for the debtor's resulting losses. Requests based on cheques and promissory notes make up a large share of daily commercial practice.
İhtiyati tedbir ile karıştırılmamalıdır: tedbir uyuşmazlık konusu şeyin korunmasına, bu kurum ise para alacağının güvence altına alınmasına yöneliktir.
Statutory basis
- İİK m.257
The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.