Legal Q&A
Q
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A business partner did not pay, so I filed a lawsuit, and recently I received a favorable judgment from the court. However, even after the judgment became final, they still are not sending the money. In such a case, I heard that I can attach the other party's bank account and collect by force. How does the bank account attachment procedure proceed? I am also curious about at what point I can receive the money directly.
bank account attachment procedure
Answer
Published:
Author : ChanWoo JEONG
If the other party does not repay and, even though you won the lawsuit, still does not make payment, you can forcibly recover the claim through the bank account attachment procedure.
Bank account attachment is one of the compulsory execution procedures by which the debtor's deposit account is frozen and the amount in it is paid to you, and it is prescribed in Article 229 and the following of the Civil Execution Act.
First, to carry out a bank account attachment, an enforceable title is required.
In other words, there must be a legal basis that the debtor must pay the money, such as a final and conclusive judgment, a payment order, or a decision recommending settlement.
After securing the enforceable title, you designate the bank with which the debtor does business as the garnishee and submit an application for a claim attachment and collection order to the court.
At this time, the court serves the original of the attachment order on the debtor (the person who must repay) and the garnishee (the bank).
The attachment order, immediately upon being served on the bank, freezes deposits and withdrawals in that account, so the debtor becomes unable to withdraw the money.
Thereafter, the creditor can apply for a collection order and actually receive the attached amount, and once the collection order becomes final, the bank remits the amount directly to the creditor.
However, if the debtor holds several bank accounts, you must ascertain the exact account information for actual recovery to be possible.
In such a case, it is efficient to use the court's property inquiry system, or to carry out the bank account attachment procedure with the help of an attorney or a specialized collection agency.
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ChanWoo JEONG
T. 070-5221-2387
Extensive corporate legal litigation and advisory experience · Attorney specializing in inheritance/tax/administrative law
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