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?

Judicial measures available for plaintiffs to obtain provisional relief affecting property of debtors to obtain security for judgments to be obtained are mainly regulated by Chapter 40 “Securing an action” of the Estonian Code of Civil Procedure (CCP).

According to the CCP § 378 the measures for plaintiffs to obtain provisional relief affecting property of debtors to obtain security for judgments to be obtained are:

1) Establishment of a judicial mortgage on an immovable, ship or aircraft belonging to the defendant;

2) Seizure of the defendant’s property which is in the possession of the defendant or another person and, on the basis thereof, making of such notation concerning prohibition in the land register, by which the prohibition on disposal is made visible, or making of such other entry in another property register, by which the prohibition on disposal is made visible;

3) Prohibition on other persons to transfer property to the defendant or to perform other obligations with regard to the defendant, which may also include an obligation to transfer property to a bailiff or to pay money into a bank account prescribed by the court;

4) Imposition of an obligation on the defendant to deposit a thing with the bailiff.