Sweden - Attachment of Assets
Einar Wanhainen and Sofia Böhlin, G Grönberg Advokatbyrå AB
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?
If a party (the “plaintiff”) shows probable cause to believe that it has a money claim that is or can be made the basis of a judicial proceedings or determined by another similar procedure, and if it is reasonable to suspect that the opposing party (the “debtor”), by absconding, removing property, or other action, will evade payment of the debt, the court may order a provisional attachment (kvarstad) of so much of the debtor’s property, that the claim may be assumed to be secured on execution.
The court may also order provisional attachment of property in which a party has claimed a superior right, if the party has shown probable cause for its claim and if it is reasonable to suspect that the opposing party will conceal, substantially deteriorate, or otherwise deal with or dispose of the property to the detriment of the applicant. The claim can relate to the existence of a property right or a limited right in rem.
The process of obtaining the provisional attachment is twofold. The plaintiff first has to apply to the district court (tingsrätt) for the provisional attachment. The court may decide to grant attachment in any property belonging to the debtor, to an extent the property correspond to a certain value, but the court, generally, does not identify the property to be attached.
Having obtained a court decision on attachment, the plaintiff has to apply to the enforcement authorities (kronofogdemyndigheter) for enforcement of the court decision on attachment in property belonging to the debtor pursuant to the Enforcement Code (utsökningsbalken).