Attachment and enforcement law is the area of civil procedural law that concerns securing recovery options and enforcing judicial decisions through attachment and enforcement. It determines when and how attachment may be imposed on another party’s assets and the manner in which court decisions can be effectively enforced.

Attachment and enforcement law plays a central role when payment or recovery is under pressure. It concerns the body of rules that determines when and how attachment may be imposed on another party’s assets and how court decisions can be effectively enforced. Measures within this field deeply affect the financial and business position of the parties involved and may have immediate and far-reaching consequences.

Within attachment and enforcement law, two fundamental interests are constantly in tension: the interest of the party seeking to secure payment or recovery, and the interest of the party wishing to retain free disposal of its assets. Precisely because these interests collide and the consequences can be severe, this area of law requires careful, strategic and specialised legal guidance.

Both entrepreneurs and private individuals may encounter attachment or enforcement in a wide range of situations. In such cases, speed, legal precision and a well-considered approach are often decisive for the outcome.

When do you encounter attachment or enforcement?

Attachment and enforcement law comes into play, among other situations, when:

• you wish to prevent the opposing party from dissipating assets before a court has rendered judgment;

• attachment has been imposed on your bank account, property, shares or receivables;

• a judgment is being enforced and a sale, collection or eviction is imminent;

• you wish to stop or limit enforcement because it is unlawful or disproportionate;

• you wish to provide security in order to have an attachment lifted.

In all these situations, time is a crucial factor. An incorrect or delayed step may lead to irreversible financial and legal consequences.

Legal framework of attachment and enforcement

Attachment and enforcement are permitted only within clearly defined legal frameworks. In the case of pre-judgment attachment, the claim has not yet been definitively established and prior judicial permission is required. In the case of enforcement, a valid enforcement title must be available, such as a court judgment or a notarial deed.

In all cases, a balancing of interests is central. This involves assessing whether the measure is proportionate, whether abuse of powers is avoided and whether less intrusive alternatives are available. This balancing exercise means that attachment and enforcement law is not a standard instrument, but requires a tailored approach.

Components of attachment and enforcement law

Attachment and enforcement law consists of several closely related components, each with its own legal framework and strategic considerations. This field includes, among others:

• Pre-judgment attachment – securing recovery options before a court has ruled on the merits;

• Executory attachment – attachment imposed to enforce a judgment or other enforcement title;

• Lifting of attachment – proceedings assessing whether an attachment is unlawful or disproportionate;

• Third-party attachment – attachment imposed on third parties, such as banks or debtors of the opposing party;

• Enforcement disputes – disputes concerning the lawfulness or proportionality of enforcement measures;

• Attachment of real estate – attachment with often far-reaching consequences for ownership, financing and business continuity.

In practice, these components are often used in combination and require a coherent legal and strategic approach.

Pre-judgment attachment

Pre-judgment attachment is a provisional measure by which assets are secured before a court has ruled on the merits. Its purpose is to prevent recovery from becoming impossible if a claim is later upheld.

Permission from the court in summary proceedings is required for pre-judgment attachment. The opposing party is generally not heard in advance. Once the attachment has been imposed, the attached assets can no longer be freely transferred or paid out. In practice, pre-judgment attachment is often used in commercial disputes and substantial monetary claims, precisely because of the significant pressure this instrument can exert.

Lifting of attachment and provision of security

The party against whom attachment has been imposed may request the court to lift the attachment, usually by way of summary proceedings. The court will assess, among other things:

• whether the alleged claim is sufficiently plausible;

• whether the attachment is proportionate in relation to the attaching party’s interest;

• whether providing security constitutes an appropriate alternative;

• how the interests of both parties should be balanced.

Attachment may be lifted where it is unlawful, disproportionately burdensome, or where security is provided that adequately safeguards the attaching party’s interest.

Enforcement law and enforcement disputes

Enforcement law concerns the execution of judgments and other enforcement titles. This often takes place through attachment followed by collection or sale of assets. In certain cases, enforcement may also occur without attachment, for example on the basis of a pledge or mortgage.

Not every enforcement action is automatically permissible. An enforcement dispute may arise where a manifest error has been made, where enforcement leads to unreasonable or disproportionate harm, or where there is an abuse of enforcement powers. In such cases, the court in summary proceedings may intervene and suspend or limit enforcement.

Recovery options and strategic enforcement

Attachment serves not only to temporarily block assets, but also to secure entitlement to the proceeds upon enforcement. Those who fail to impose attachment, or do so too late, run the risk of being unable to recover or of not sharing in the proceeds.

In practice, attachment may also exert pressure that leads to payment or the provision of security. For entrepreneurs, attachment may have immediate consequences for business continuity. The choice of the asset to be attached, the legal substantiation and the timing of action are therefore decisive.

The importance of specialised assistance

Attachment and enforcement law differs fundamentally from ordinary civil proceedings. It involves rapid, often unilateral decisions with far-reaching consequences for ownership, business operations and financial continuity. Complex rules apply regarding jurisdiction, ranking, distribution and strict time limits.

Without specialised expertise, errors may have serious and lasting consequences. A well-considered strategy and precise execution are therefore essential.

Frequently asked questions

Do you always need a judgment to impose attachment?

No. For pre-judgment attachment, no judgment is required, but prior judicial permission is necessary.

Can attachment be imposed without prior notice?

Yes. In most cases, the opposing party is informed only after the attachment has been imposed.

Is attachment definitive?

No. Attachment may be lifted, for example by a court decision or by the provision of security.

What is the difference between pre-judgment and executory attachment?

Pre-judgment attachment aims to secure recovery options; executory attachment is aimed at enforcing a court decision.

Legal advice on attachment and enforcement

Attachment and enforcement require swift and well-considered decisions. Whether you wish to impose attachment, are confronted with attachment, or seek to prevent enforcement, timely and expert legal advice is of decisive importance.

Contact us for an initial assessment of your situation and the legal options available to you.