When a financial dispute arises between a creditor (a person or entity claiming a right) and a debtor (the one obligated to pay), legal measures can be taken to ensure the debt is enforced. Among the most important of these measures in Egyptian law are:
- Precautionary Attachment
- Enforcement Attachment
Despite the similarity in terminology, each has different legal objectives and mechanisms.
🔹 First: Precautionary Attachment
📍 Definition
Precautionary attachment is a preventative and proactive measure taken to prevent movable or immovable property from being disposed of, concealed, or disposed of before a final judgment or enforcement proceedings are initiated.
💡 In other words: It is the freezing of the rights or funds involved in the dispute until the case is resolved.
📍 When is it applied?
It is requested by the creditor before a final judgment or during the course of the proceedings, when there is a fear that the debtor will dispose of or conceal the funds to prevent the execution of the judgment.
📍 Legal basis in Egypt
Precautionary attachment is stipulated in:
The Egyptian Code of Civil and Commercial Procedure
It regulates the procedures and the courts competent to issue it.
📍 Procedures for Precautionary Attachment
- Submitting an application to the court (usually the Court of Urgent Matters)
- Attaching the debt details and supporting documents
- Attachment can be issued without notifying the debtor (in some cases to fulfill the principle of precaution)
- The court determines the value and type of attachment (movable property, real estate, accounts)
- A precautionary attachment report is prepared and the relevant authorities are notified (Land Registry, banks, Traffic Department, etc.)
📍 Types of Precautionary Attachment
On Real Estate
On Movable Property (Vehicles, Appliances, Goods, etc.)
On Bank Accounts
Arrest of Commercial Papers
📍 Effect of Precautionary Attachment on the Client
✔ Prevents the debtor from disposing of the property
✔ Ensures that rights are not diluted before a final judgment is issued
✔ Strengthens the creditor’s position for future enforcement
⚠ However, it does not grant the right to immediate payment of the debt; rather, the funds are held until a final judgment is issued and executed.
🔹 Second: Execution Seizure
📍 Definition
It is a final enforcement procedure taken after a binding and final judgment is issued affirming the creditor’s right to collect the debt. The judgment is then enforced by seizing the assets and actually executing them in favor of the creditor.
📍 When is it applied?
After:
A final and conclusive judgment is issued by the court.
Or the existence of an enforceable instrument (check, bill of exchange, promissory note).
📍 Legal Basis
Execution seizure is also regulated by the Civil and Commercial Procedure Law, which contains specific articles on enforcement procedures and the execution of judgments.
📍 Enforcement Procedures
- The creditor submits an enforcement order to the enforcement officer.
- An execution attachment order is issued against the debtor’s assets.
- An execution attachment report is prepared.
- The assets are transferred for seizure and collection in favor of the creditor.
- The assets are sold at public auction to execute the judgment.
📍 Types of Enforcement
🔹 On movable assets
🔹 On immovable assets
🔹 Attachment of salaries
🔹 Attachment of bank accounts
📍 Effect of Execution Attachment
✔ Grants the creditor the right to direct financial collection.
✔ Allows the sale of the attached assets and collection of the debt plus legal expenses.
✔ Ends the financial dispute upon execution of the judgment.
🔹 Difference between Precautionary and Execution Attachment
Comparison Aspect: Precautionary Attachment
Execution Attachment
Timing of Procedure: Before final judgment
After final judgment
Objective: Temporarily protect rights
Actually collect the debt
Ability to sell: No
Yes (after judgment)
Granting the right to collection: No Yes
The procedure is a precautionary enforcement measure.
📌 Key Rights and Obligations of the Client
➤ Creditor’s Rights
✔ Request for precautionary attachment to protect their rights
✔ Request for enforcement after a judgment
✔ Claim for legal expenses and fees
➤ Debtor’s Rights
✔ Right to object before the court
✔ Provide an alternative guarantee (in some cases)
✔ Appeal against the attachment if it is illegal
📎 Legal Advice for the Client
🔹 Ensure the debt is documented in an official document
🔹 File the precautionary attachment early to secure your rights
🔹 Follow up on the procedures regularly
🔹 Consult a lawyer specializing in civil enforcement
🧠 Summary
🔹 Precautionary attachment: A preventive measure to protect rights
🔹 Enforcement attachment: Execution of the judgment to obtain your rights
🔹 Both are important tools to move a financial dispute from a mere promise to actual enforcement