Legal advice

There was an attachment placed on my immovable property prior to bringing a court action. Therefore I’m unable to act with my property until the dispute won’t be finally settled in the court, which may take a lot of time. The claim of the plaintiff is absolutely unfounded. What can be done in this case?

28.01.2010 Andrejs Sviksh, lawyer

According to Section 140 of the Civil Procedure Law, you have the right to submit an application to the court, which rendered the decision regarding securing the claim, requesting to remove the attachment. However, the application shall be reasonable. Securing of a claim may be used in case, if there is a reason to believe that the execution of a court judgment in a matter may become impossible. Therefore you need to prove that you will be able to execute the judgment, and this can be done by arguing against the reasons of the plaintiff for securing the claim, etc. Your application will be considered at a court sitting, where you will have the opportunity to explain your position in detail.

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