Precautionary seizure is the seizure of property by court decision, even before the lawsuit/enforcement proceedings begin, in cases where the debtor is suspected of stealing property. EBL art.257.
Conditions
- Money receivable (due)
- Suspicion/presumption of smuggling goods
- "approximate proof" with written document
Process
- Request to the civil/commercial court of first instance
- Court - determination of the amount of the receivable 15% guarantee
- Decision (1-3 days)
- Enforcement office - immediate seizure
- Notification to the debtor
Objection to the decision
- Debtor can object within 7 days from the notification of the decision
- The court re-evaluates
Principle Case
- The creditor must file the main lawsuit/proceeding within 7 days following the provisional seizure
- Otherwise the measure shall be lifted
Letter of Guarantee
The debtor may remove the seizure by providing a letter of bank guarantee.
Supreme Court 19. HD
19. HD accepts that provisional seizure is an "extraordinary measure", that the suspicion of property smuggling must be supported by concrete evidence, and that a mere allegation is not enough.