What Can Be Done If My Property, Which Does Not Belong to the Debtor, Is Attached?

Attachment, Sale, and Collection

Property Attached for Another Person's Debt

If your property is attached for another's debt, a third-party rights claim may arise. Articles 96 et seq. of the Enforcement and Bankruptcy Law provide different procedures depending on possession and attachment circumstances. Sharing an address or business relationship with the debtor may affect ownership assessment. Who must apply and how should not be determined without reviewing the record.

Support Ownership with Documents

First prepare the attachment record, identifying features, and purchase records. Serial numbers, brand, or other invoice details facilitate matching. Payment, delivery, business books, and contracts explaining why the asset was at that address may be assessed together. A dated invoice alone does not conclusively prove ownership in every case; the relationship's reality matters.

The Attachment Record and Application Timetable

Preserve statements made during attachment and how they were recorded. Creating new documents or a false purchase narrative later is inappropriate. Machinery bought from the debtor company, leased equipment, or entrusted property may require different evidence. Short periods mean waiting for the attachment's outcome may reduce protection; review the record promptly.

Preserve Documents After Attachment

Promptly assemble the attachment record with ownership and delivery documents. Release of the asset and compensation for a wrongful action are separate issues, each with its own procedure.