Compensation Lawsuit for Wrongful Precautionary Seizure
COMPENSATION CASE DUE TO WRONGFUL ATTACHMENT
If the creditor unjustly imposes a precautionary attachment on the debtor’s property and the precautionary attachment is found to be unjust at the end of the lawsuit or proceedings, the debtor must file a compensation lawsuit against the creditor in the general court for the payment of the damages suffered due to the unjust precautionary attachment. The action for damages shall be heard even before the court that imposed the precautionary attachment (Art. 259/4).
The damage suffered by the debtor who wins this compensation case shall be paid from the collateral that the creditor is obliged to deposit while taking the precautionary attachment decision, or if the collateral is insufficient, from the money obtained as a result of the seizure and sale of other assets of the creditor.
The lawsuit for damages to be filed by the creditor against the debtor (since there is no provision in the law) is subject to a statute of limitations of two years, and in all cases ten years, as in torts (see Article 72 of the TCO). In this lawsuit, while the conditions of damage, causation, illegality and the execution of the interim attachment decision are sought; the creditor is not required to be at fault. In other words, the liability here is strict liability.
There are also special precautionary attachment cases in the Law:
In the case of annulment of savings: During the action for annulment of the disposition, the court hearing the action may, upon the request of the creditor, order the precautionary attachment of the property that constitutes the subject matter of the disposition subject to annulment (Art. 281).
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