Originally from Attachment of Assets

1. What is the general nature and effect of judicial measures available for plaintiffs to obtain security for judgements 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 judicial measures available for plaintiff to obtain provisional relief affecting property of debtors consist of Provisional attachment or seizure, the effect of the measure is that the debtor is prevented from the use of his assets and the disposition of it. Provisional attachment can be implemented in two ways: by freezing property in place or by placing it in the custody of a third party which can be a court official or not; actually the creditor will deem what fits his interests.

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

The attachment order is an injunction, obtained ex-parte without prior notice to the debtor.

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 pers onal jurisdiction over a debtor? To what extent are attachments or similar orders intended to have extraterritorial effect?

The jurisdictional basis for an attachment is the location of the debtor’s property. The Court of the location of the property will have jurisdiction to grant the attachment order. In case the debtor is a foreign national, non-resident and non-carrying any business in Democratic Republic of Congo, attachment of his assets in the Country may give personal jurisdiction over him.