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?

A court or registrar (a judicial officer acting in concert with the court) may issue an order of temporary lien, resulting in a lien on property in the hands of the defendant or third party “holder.”  The procedure is set forth in Part 1 of Chapter 28 of the Regulations--Civil Procedure, 5744 – 1984.

Execution of a temporary lien will be in accordance with the Regulations--Execution of Judgments, 5740 – 1979: Chapter 3 in the case of personal property, and Chapter 4 in the case of real property.  Depending on the circumstances, personal property upon which a lien has been imposed may be kept under restrictions at its existing location, or removed to another location, and a trustee may be appointed (Execution of Judgments Reg. 40(b)).  Cash is to be deposited with the court (Execution of Judgments Reg. 41(a), while securities are to be kept in safekeeping (Execution of Judgments Reg. 41(b)).  If a transfer of personal property requires official registration, then a caution is to be recorded in the pertinent official register (Execution of Judgments Regs. 42, 43), in which case the registrar will not register any subsequent transfer without appropriate authorization (Execution of Judgments Reg. 44).

In the case of real estate, notice of lien is recorded in the land title registry (Execution of Judgments Reg. 62(a)).  Until the lien is canceled, no voluntary action with respect to the property that is subject to the lien may be taken or recorded in the land registry without permission of court, except a release of a mortgage.

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

The attachment is in the form of an order by the Court, or Registrar of the Court, for a temporary lien, as provided in Civil Procedure Reg. 360 ff.