Originally from Attachment of Assets

1. What is the general nature and effect of judicial measures available for plaintiffs to obtain provisional relief affecting property of debtors to obtain security for judgments to be obtained (“attachments”)? Freezing property in place? Placing it in the custody of a third party, such as a court official, sheriff or marshall?

The Bolivian Code of Civil Procedure approaches the issue twofold: it provides for attachment in the sense of affecting the property in place and of sequestration when the asset is moved and placed in custody of a third party, an independent depository.

2. What is the form of the attachment? Injunction? Other kind of judicial order? Specify.

It is a so called special precautory measure ordered by the relevant court.

3. What is the jurisdictional basis for an attachment? Is the presence of the debtor’s property a sufficient basis for an attachment to be obtained, assuming other requirements are satisfied? To what extent may attachments be used as a basis for obtaining personal jurisdiction over a debtor? To what extent are attachments or similar orders intended to have extraterritorial effect?

Such measures can be applied for either prior to suit or pending suit (court claim already in process). When prior to suit the filing is to be made before the court which will have jurisdiction over the main claim. Consequently this depends on the nature of the main claim and the prior identification as to before which court this is to be formalized. Identifying the main jurisdiction depends on the nature, value and location of the claim. Sole attachment does not trigger jurisdiction. 

Presence of debtor’s property is in principle sufficient. However, there is property which cannot be attached or sequestrated. There is a special list of such assets mainly dealing with a debtor which is an individual. The law also provides that if the property or asset is necessary for the operation of a commercial or industrial establishment, the court can authorize substitute measures in order not to affect the process of production or effective operation.