Can I Always Seize My Debtor’s Assets as a Precautionary Measure?

What is the difference between conservatory and enforceable attachment?

There is a fundamental distinction between two types of attachment:

• Conservatory attachment is a provisional measure that protects your rights by preventing the debtor from disposing of their attachable assets while you wait to obtain an enforceable title.
• Enforceable attachment, on the other hand, aims to force the sale of the seized assets to satisfy the debt. This typically follows a final judgment or enforceable title and may involve distributing the proceeds among multiple creditors.

Interestingly, even if a creditor already has an enforceable title, they may still opt for conservatory attachment — often to benefit from the element of surprise.

When is conservatory attachment allowed?

There are two cumulative conditions. If even one is not met, the court will deny your request.

1. A certain, due, and determinable claim

Your claim must meet the following criteria:

• Certain: the claim must have a sufficient appearance of validity or not be reasonably contestable. A mere objection by the debtor does not automatically make it uncertain.
• Due: the debtor is legally required to perform or pay (e.g. an invoice due date has passed).
• Determinable: the amount must be either fixed or at least capable of a reasonable estimate.

2. Urgency

There must be a real and present danger that your debtor is (or will become) insolvent, making future recovery of the debt impossible or unlikely.

Typical examples include:

• The debtor ignores repeated demands for payment;
• They are preparing to leave the country;
• They no longer have an income;
• Their property or business is being put up for sale.

The attachment judge will weigh your interests as a creditor (protecting your ability to recover the debt) against the debtor’s right to maintain their livelihood or business. The judge performs a prima facie assessment — that is, a preliminary review without going into the full merits of the case.

Which assets can be seized?

Not all assets are subject to seizure. The law excludes certain non-attachable goods to ensure that the debtor and their family can live in dignity.

Examples of non-seizable items include:

• Essential household furniture (bed, table, fridge);
• Children’s school supplies;
• A portion of wages and similar income (except for alimony or child support cases).

Most other assets can be seized, including:

• Non-essential household items, electronics;
• Vehicles;
• Real estate (houses, apartments, commercial buildings).

How do I obtain a conservatory attachment?

In most cases, you must file a unilateral petition with the attachment judge to request authorisation. This procedure allows for a surprise effect, as the debtor is not informed in advance.

In your petition, you must demonstrate:

• That your claim is not reasonably contestable;
• That the amount is due and at least estimable;
• That there is urgency (risk of insolvency, asset dissipation, etc.).

It is important to be transparent. If the debtor later contests the seizure and proves you withheld relevant facts, the judge may lift the attachment.

Exception: seizure through third parties

In certain situations, you do not need prior court approval. This applies to conservatory attachment through third parties (e.g. seizing funds in a bank account or held by a notary).

In such cases, you can go directly to a bailiff, provided you have sufficient documentary evidence (such as signed contracts or official documents).

For movable and immovable assets, however, judicial authorisation is still required.

What happens after a conservatory attachment?

The debtor’s assets are frozen and cannot be sold or transferred. The seizure remains in place while you pursue a final judgment.

Once you obtain an enforceable title, you may convert the conservatory attachment into an enforceable attachment and proceed with the forced sale of the seized property.