An unjustified interim attachment caused loss: can you claim damages?

Failure of the secured claim may support compensation for loss caused by an interim attachment, but damages are not automatically awarded when the entry is removed. Article 403 of the Civil Procedure Code requires a separate claim and proof of loss and causation.

When liability is examined

The Act identifies rejection of the claim, failure to bring it within the court’s period or termination of proceedings. Check the precise judicial act and its procedural effect. Not every cancellation or replacement of an interim measure establishes all compensation conditions.

For an allegedly lost sale, concrete evidence is needed: negotiations, agreed terms, the buyer’s readiness and why completion failed. An advertised asking price or vague interest does not prove certain lost profit. Separate additional costs actually paid from speculative losses, and check whether another encumbrance would have prevented the transaction anyway.

Security has separate deadlines

When release of deposited security is requested, Article 403(2) allows one week from service to object and one month to bring the damages claim. Missing these periods leads to release of the security; they should not be presented as a universal limitation period for every damages claim.

Cancellation of the measure and removal of the attachment under Article 402 are separate from the monetary dispute. Preserve evidence of both the restriction period and steps taken to limit the loss.