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I intend to proceed with a provisional attachment of a claim, and I plan to prepare the application to be submitted to the court myself. I am also curious about what must necessarily be stated in the application, and whether the order of preparation or the format is prescribed. I would like to know how the information on the creditor, the debtor, and the third-party debtor should be entered, and how parts such as the claim to be attached, the purpose of the application, and the grounds should be prepared.
Provisional attachment of a claim
Answer
Published:
Author : ChanWoo JEONG
To prepare an application for a provisional attachment of a claim, it is important to faithfully state the legal requirements in accordance with the procedure.
First, the application must necessarily include the party applying for the provisional attachment of the claim and, if there is a representative, the representative's information, a specific indication of the claim to be asserted and its subject matter, the purpose of the application, the grounds for the application, the court with jurisdiction, the evidence submitted and the method of prima facie showing, the date of preparation, and a name seal or signature.
In particular, in a provisional attachment of a claim targeting a monetary claim, the creditor's information and address, the debtor's information and address, the third-party debtor's information, and the relationship established between the third-party debtor and the debtor must be specifically indicated.
When attaching special claims such as the wages or severance pay of a public official or an employee of a large corporation, additional matters that can specify the debtor, such as the department, position, and resident registration number, must be entered.
The indication of the claim to be attached must also be attached as a separate list, and it must be prepared identically to the amount of the claim asserted in the application.
In the purpose of the application, clearly state the content of the preservative measure sought through the provisional attachment of the claim, and in the grounds for the application, specifically describe the existence of the right to be preserved and the necessity of preservation.
If necessary, additional requests, such as the provision of prior security, may also be included.
Preparing it in this way satisfies the legal requirements while allowing it to have effect as an application for a provisional attachment of a claim.
For details concerning the provisional attachment of a claim, we recommend that you confirm them through a consultation with an attorney specializing in debt collection.
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