A debtor who arranges their own insolvency can make a future judgment worthless. The protective attachment, provided for by the Code of Civil Procedure, makes some of their assets unavailable while the debt is being established.
The principle
A protective attachment is ordered by the president of the court, on application, when the debt appears well founded and its recovery seems at risk. The debtor does not lose ownership: they are only prevented from disposing of the attached asset.
Which assets
- Bank accounts, through a garnishment served on the bank.
- Real estate, through an entry on the land title.
- Movable property and the business, under the rules specific to each.
What comes next
A protective attachment is only a first step: the creditor must obtain an enforceable title, a judgment or a payment order, to convert it into an enforcement attachment and be paid. The debtor, for their part, can ask for the attachment to be lifted if they dispute the debt or offer security.
The firm's view
Used well, a protective attachment changes the balance of power and often pushes the debtor to negotiate.
Maître Malak Elimani assists creditors, companies and individuals, in recovering their debts in Rabat. This article provides general information and is not a substitute for legal advice.
Reference texts
Further reading
The information on this website is general and does not replace legal advice. Every situation requires an analysis of its own facts and documents.