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 plaintiff can obtain an attachment on both the movable and real property of the creditor as a security measure for judgments to be obtained. According to Article 875 of the New Code of Civil Procedure, the debtor cannot sell or otherwise dispose of movable property which has been attached. Therefore an attachment on movable property will freeze the property in place. The law allows the debtor to sell or otherwise dispose of real property which has been attached. However in this last case, the responsibility of the debt is transferred to the new owner. The plaintiff can also obtain an attachment on the movable property of the debtor in the possession of the garnishee.

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

According to Article 589 of the New Code of Civil Procedure, the court can take any temporary measure during proceedings to safeguard the interests of the creditor until the time it issues a final decision; such as placing the property of the debtor in the custody of a court official, selling merchandise which is at risk of perishing and issuing a temporary injunction.

Article 866 of the New Code of Civil Procedure provides that the creditor can present a petition to the President of the Executive Division requesting that the court issue an order to attach the property of the debtor as a temporary measure aimed at protecting his debt.