Third-Party Rights Claims and Possession in Attachment

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

A third-party rights claim in attachment alleges that the attached property does not belong to the debtor or that a third party holds a right over it incompatible with attachment. An ownership dispute differs from whether the debtor owes the creditor. The third party's right is therefore assessed through a special procedure within enforcement.

Articles 96 et seq. of the Enforcement and Bankruptcy Law provide different routes depending on who holds the property. Joint possession by the debtor and a third party is also important. Presumptions concerning possession may affect which party must bring the action and the evidentiary regime.

The attachment record identifies the property's location, actual use, asserted right, and the parties' statements. Evidence such as invoices, payment documents, delivery records, or a lease relationship must be connected to the specific property. Any document issued in a third party's name does not by itself constitute conclusive evidence for all items.

Notifying a third-party rights claim and bringing an action asserting that right are not the same step. The commencement of time limits, objections, and enforcement court decisions must be examined together. Postponement of enforcement or continuation of the sale also depends on the relevant procedure's conditions; the allegation does not invariably remove attachment automatically.

For example, where machinery at a workplace is alleged to belong to another company, the reality of its acquisition and use must be investigated. Address or shareholding links between companies must be assessed with the evidence. This procedure aims both to protect genuine third-party rights and to prevent collection being obstructed by presenting the debtor's assets as apparently belonging to others.

This article has been prepared for general legal information purposes.