The Scope of Attachment and the Principle of Proportionality

Legal Article · 12 November 2026
Av. Thomas Andreas Di Constantinople

Attachment is the earmarking of particular property, rights, or receivables belonging to the debtor within compulsory enforcement to satisfy the enforcement claim. Imposing attachment does not mean that ownership immediately passes to the creditor. Sale, realisation, and distribution require separate statutory actions.

Article 85 of the Enforcement and Bankruptcy Law requires attachment of an amount sufficient to cover the claim, interest, and expenses. Unrestricted seizure of all the debtor's assets in every case is not permitted. The property's value, the scope of attachments, and the parties' interests must be considered together.

Attachment may concern movable property, immovable property, or a receivable held by a third party. The method differs for each type of asset. Attachment entered in a register, physical custody, and an attachment notice sent to a third party are not the same action, and the available remedies may also differ.

Attachment in a dwelling is subject to a special procedure under Article 79/a of the Law. Where the enforcement director identifies the premises as a dwelling, the decision must be submitted to the enforcement court for approval. The exception in the same article concerning precautionary attachment must also be observed. The nature of the premises and the action determine the protection's application.

For example, attached property substantially exceeding the claim may raise questions of proportionality and excessive attachment. Nevertheless, the value of an indivisible asset does not alone make every attachment unlawful. Value, alternative assets, and the file's circumstances must be examined together to assess the necessity and scope of attachment.

This article has been prepared for general legal information purposes.