Precautionary Attachment

Originally published October 2011

The difference between precautionary attachment and executive attachment

Precautionary attachment is a form of interim protection in cases of urgency. It involves funds being held by the judiciary to prevent the party under attachment from disposing of such funds to the detriment of the attachment applicant. Precautionary attachment differs from executive attachment in that that precautionary attachment can be made without taking the preliminary steps of execution that are required by law in executive attachments. Executive attachment must be preceded by an execution bond requesting the Plaintiff to make payment. Under executive attachment, the creditor must have an executive bond covering the sale of the attached property. Whereas, precautionary attachment can be made where the attachment applicant does not have an executive bond because it is simply a precautionary measure aimed at preventing the debtor from smugglingmoney or