What is the attachment's purpose?
It seeks to prevent an asset change from frustrating or materially impairing enforcement. It does not prejudge the claim and should not be used as improper pressure.
What is presented to the court?
The application should show the cause of action, prima facie evidence, and need for relief. The court also considers the balance of hardships, good faith, proportionality, and the relationship between the attachment's scope and the amount in dispute.
Affidavit, undertaking, and security
A motion for interim relief is supported by affidavit. The court may require a personal undertaking, deposit, or third-party guarantee to secure compensation if the order later proves unjustified.
Responding to an attachment
A person whose property was attached may seek dissolution, reduction, or substitution. Service, factual foundation, harm, security, and less restrictive alternatives should be examined.
Concluding point
A temporary attachment preserves collection; it does not replace proof of the claim. Both motion and response should focus on concrete need and proportionality.
Principal legal sources
- Civil Procedure Regulations, 5779-2018.
- Israel Courts Administration guidance on undertakings and security for interim relief.