Originally from Attachment of Assets

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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 nature of the judicial measures available for plaintiffs is to secure the possible result of the claim. These judicial measures are known as interim or provisional measures, since they may be requested when filing the initial claim or as motions during the proceeding. If the Court decides in favor of the plaintiff, he/she would have an asset, as a guarantee, to recover whatever the debtor owes him/her. Both of our Costa Rican Civil Procedures Codes regulate these interim measures. 

Interim measures are usually used to freeze assets; these measures are the following:

1. Annotation of the seizure of property (Anotación del embargo): The plaintiff requests the annotation of the claim into the asset’s record and the judge orders the Public Registry to make the annotation. This annotation is a warning for potential buyers of the property or vehicle, which are aware that the asset could be auctioned if the judge decides in favor of the creditor. With the annotation of the seizure, the creditor will not lose the right over the debtor’s assets, even if the debtor sells the assets to a third party. 

2. Seizure of the assets (Ejecución del embargo): The seizing of property is normally used for movable assets such as computers, desks, chairs, among others. The seizure is granted when the debtor does not have properties or vehicles to guarantee the debt during the proceeding and it is carried out by a judicial executor. The executor places the assets in the custody of a third party assigned by the Court, called depositario judicial. 

The seizure of assets is also practiced on the debtor’s bank accounts. The judge issues a warrant and the bank freezes the debtor’s bank accounts.