Should I Seek an Interim Injunction or Precautionary Attachment for a Monetary Claim?

Precautionary Attachment

Precautionary attachment and interim injunctions have different purposes and conditions. The Enforcement and Bankruptcy Law's attachment regime protects future monetary recovery. An injunction under Article 389 of the Code of Civil Procedure protects the right in dispute. An injunction over any debtor property is not an automatic alternative for a money claim.

First identify the result sought from the court. Claiming ownership of a property and seeking repayment of its price are different demands. Even under the same contract, protection tools may differ. A wrongly framed request may be rejected despite a valid underlying claim.

Examine the contractual subject, payments, title or company records, and termination notices together. State clearly the asset owner and final judgment sought. The opponent's wealth or preparation to sell does not justify every measure. Protection must also be proportionate to the alleged right and need.

Identify expressly whether the demand concerns delivery or ownership of property or repayment of money. Examine documents accordingly; if pre-action protection is sought, also establish the timetable for the substantive application.