Why you should start with provisional attachment instead of waiting for judgment

When provisional attachment is urgent

In fraud cases, time is especially critical in the following situations: when the bank did not grant payment suspension, when you hear that a payment suspension has been lifted, and when you hear that the other party is trying to sell a house or car.

Article 276 of the Civil Execution Act allows a debtor's assets to be frozen in advance to protect the right to receive money. You need to make a prima facie showing to the court that, unless action is taken now, execution may become difficult after judgment.

Assets that can be provisionally attached

• Deposit claims · The account holder's bank deposits. These are used most often in fraud cases, and not only the account that received the loss but also the account holder's deposits at other banks can be targeted.
• Real estate · Apartments, land and other property owned by the account holder. The provisional attachment is recorded in the property register, making disposal practically difficult.
• Wage claims · If the account holder is employed, part of their wages can be frozen. To protect the person's livelihood, there are limits on the amount that can be attached.
• Claims for return of a lease deposit · If the account holder lives in a jeonse or monthly-rent home, the deposit they will later receive from the landlord can be targeted.

From filing to execution

1. Prepare the application and supporting materialsPrepare transfer records, conversations, the receipt for the criminal complaint, and the account holder's personal information. You must make a prima facie showing of both the damages claim (the right to be preserved) and the need for provisional attachment.
2. File with the courtSubmit it to the court with jurisdiction over the debtor's address or the place where the property to be attached is located.
3. Provide securityThe court requires security against losses the debtor may suffer due to the provisional attachment. A cash deposit is the rule, but in many cases it can be replaced by a certificate under a payment guarantee entrustment contract with a guarantee insurance company (a deposit guarantee insurance certificate), so the cost burden is not large.
4. Decision and executionOnce the decision is made, it takes effect when served on the bank or entered at the registry office. It takes anywhere from a few days to a few weeks after filing, depending on the case.

After provisional attachment

Provisional attachment is only a temporary measure. To actually obtain the money, you must win a judgment in the main lawsuit. If the debtor's side applies for an order to file suit, you must start the lawsuit within the set deadline, and if you fail to do so, the provisional attachment may be canceled (Article 287 of the Civil Execution Act).

Once a final judgment is issued, the provisional attachment is converted into a full attachment. For deposits, the money is collected directly from the bank through a collection order or an assignment order.

Frequently Asked Questions

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Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026