Adopting Provisional Remedies

Situations are commonplace in which a potential defendant or plaintiff in court can guess that soon he or she will receive a court summons and thus promptly begins preparing for that. Most often, such unconscientious people try to withdraw all of their property or leave the country first.

In the event that happens, the law allows plaintiffs to request the court to take provisional remedies. All of these measures are listed by law, but the list is not exhaustive.

They include such measures as:

• freezing the property that belongs to the defendant or that he or other people are holding;
• prohibiting the defendant from taking such actions;
• prohibiting other persons from taking certain actions relevant to the scope of the dispute, including transferring property to the defendant or fulfilling other obligations he or she holds;
• the imposition on the defendant and other persons of the obligation to complete certain actions within the scope of the dispute on the infringement of copyright and/or adjacent rights other than photographic works and works obtained via means similar to photography, in the information and telecommunications networks, including on the Internet;
• suspension of the sale of property in the case that a lawsuit has brought to exclude property from being frozen (exclusion from seizure);
• court suspension of charges under a writ of execution disputed by the debtor in court.

We believe that the most effective step to take is to file a provisional remedies lawsuit. Meanwhile, one can request such measures be adopted right in court in the form of a lawsuit without having to file a separate lawsuit. In any case, the provisional remedies lawsuit must contain the motives and evidence that failure to adopt such measures will render fulfilling a court's writ of execution much more difficult.

The law envisages that a provisional remedies lawsuit can be considered within the day of its receipt from the filer. In practice, this lawsuit is most often reviewed at the very first court hearing or during a chat.

Therefore, we recommend going to an appointment with the judge right after filing a lawsuit to ensure and request provisional measures be taken, duly explaining to the court why such actions are necessary.

However, just having a ruling issued to adopt provisional measures is not enough. On the basis of this ruling, the court must produce a writ of execution and submit it to its court bailiffs.

If all of the aforementioned actions are completely in a timely fashion, the probability of actually ensuring provisional remedies for a lawsuit and the execution of the ruling go substantially up.

Still have questions or are you considering how to go about your court process with respect to your debtor? Give us a call or send us a message today!