What are the Conditions of the Injunction? Under What Conditions Can It Be Requested?
We can examine this issue under two main headings: A) Claims Subject to Precautionary Seizure and B) Reasons for Precautionary Seizure. First of all, in terms of the receivable subject to the lien, the receivable must be a money receivable. In terms of the injunction request, the source and reason of the money claim and the document to which the claim is attached are not important. In summary, it must be a receivable that can be claimed in money or money. Another condition for the receivable subject to precautionary seizure is that the receivable is not secured by a pledge. If the receivable is secured by a pledge, it is not possible to request an interim attachment at the rate that the value of the pledged property covers the receivable; however, a precautionary lien may be requested for the part other than the pledge guarantee. We would like to draw attention here that what the law requires is that the receivable is secured by pledge; that is, if the receivable is secured by a collateral other than a pledge, an interim attachment may be requested.
We will consider the reasons for the injunction as general and special reasons. In general, the creditor’s request for lien differs depending on whether the receivable is due or not. In terms of due receivables, while precautionary lien can be requested without seeking any condition, the lawmaker has made it possible to request precautionary lien for non-due receivables that are not yet due, depending on the existence of a number of reasons.
These reasons are:
– The debtor does not have a specific place of residence
– The Debtor’s Concealment, Kidnapping, or Preparing to Run, or Escaping, or Engaging in Fraudulent Transactions Violating the Rights of the Creditor, with the Purpose of Avoiding Commitments.