Even where a claimant obtains a judgment, enforcement may not be possible if the defendant conceals assets or absconds with money. Provisional attachment is an interim remedy freezing the prospective defendant’s assets, such as bank accounts, real property, or vehicles, to ensure that a future money judgment can be enforced.
Beyond its primary purpose, provisional attachment is often used to encourage early settlement in debt recovery. When an debtor’s assets (typically bank accounts) are frozen, the debtor is more likely to agree to a settlement in exchange for lifting the freeze even before litigation is commenced.
Where the opponent’s assets are identified, we propose provisional attachment as part of a strategy for either dispute resolution or debt recovery.