Attachment Orders – A Useful Debt Enforcement Tool For Creditors

One of the unsettling questions that lingers in the minds of creditors is how to secure or recover their debts. There are a number of enforcement routes that can help creditors to secure, as well as recover, their debts in Mauritius.

The trend in recent years has been to apply for an Attachment Order¹ — largely because of swift process that it embraces. An Attachment Order can be issued in two situations: (i) one where the debt is based on an executory title or (ii) one where the debt is not based on an executory title. Regardless of the situation, the process used for an Attachment remains the quickest way to recover or secure a creditor's debt.

WHAT IS AN ATTACHMENT?

An Attachment (also known as "saisie arrêt") is a mechanism established and embraced by the Supreme Court of Mauritius whereby a creditor — the applicant — may have recourse to the intervention of the Judge in Chambers to secure or recover the debt owed to him by the debtor.