Interim measures: why they are needed at the start of a case

You have filed a claim or are only preparing it, while the defendant is already moving money out of accounts, selling a car or transferring an apartment. In a few months you will win the case, but there will be nothing to recover — the enforcement order will turn out to be a piece of paper against an empty account.

Interim measures close exactly this gap: the court temporarily freezes the disputed property or money until the decision on the merits. The mistake is that people apply for such measures too late or draft the application without tying it to specific property, and the court refuses.

Interim measures: why they are needed at the start of a case

Interim measures are urgent steps the court takes on the claimant's application even before the decision is issued. The point is simple: if by the time you win the debtor has managed to move the money out, sell the apartment or transfer the car, the decision will be worthless. Interim measures do not acknowledge the debt or decide the dispute on the merits — they merely freeze the situation so that there is something to recover at the end.

The court applies such measures when there is a real risk that the defendant will dispose of property or money. For the claimant, this is a way to protect their interests at the start of the case, not pressure on the defendant.

• Seizure of money in accounts or property of the defendant
• Prohibition on selling, gifting or re-registering assets
• Suspension of recovery under a disputed document
• Transfer of an item for safekeeping to the claimant or a third party

When interim measures are needed: risks for you

A dispute begins when someone fails to pay or withholds what belongs to another, and while the court case is ongoing, the other side has time to re-register a flat, sell a car or withdraw money from an account. In civil proceedings, this is the most common reason why a judgment won is later not enforced. Interim measures close off that possibility: the court temporarily prohibits transactions with property, seizes accounts or transfers an item for safekeeping. For you, this is not an 'escalation of the claim' but a way to preserve what can later be recovered.

Risks need to be assessed in advance, not after a judgment is obtained. If the debtor is already selling property, hiding income or preparing to leave, interim measures become urgent. But the other side also matters: interim measures in a loan dispute or a property dispute may be applied against you as the defendant. In that case, you will not be able to dispose of the disputed flat, car or money until the case is over.

• The defendant has already put the flat or car up for sale.
• The disputed property is registered in the name of relatives or third parties.
• Money is leaving accounts in large amounts or being transferred abroad.
• The business is hastily re-registered to another person.

Interim measures: the list of measures and what they change

Interim measures are ways to temporarily freeze disputed property or prohibit the defendant from certain actions so that nothing disappears before the court's judgment. The court may seize property, impose a prohibition on alienation, prohibit the defendant from taking specific actions, such as withdrawing money or re-registering real estate, and also transfer property for safekeeping to a third party or to the claimant.

For you, this means the defendant will not be able to sell, gift or transfer to relatives the disputed flat, car or share in a company. For the defendant, these are temporary restrictions: they do not dispose of what is seized but continue to use it unless the court has prohibited this. Breach of interim measures entails liability, and transactions involving alienation may be declared invalid.

The measure is chosen to fit the objective: to preserve money, real estate or a specific item.

How to draft an application for securing a claim: documents and procedure

An application for securing a claim is filed either together with the claim or as a separate motion for securing the claim during the proceedings. In the first case, the court decides the matter at the same time as accepting the claim; in the second, it considers the motion on the day it is received. Documents for securing a claim: a copy of the statement of claim, the application itself listing the measures, and documents on the property or accounts that substantiate the risk.

The court checks whether the requirement is connected to the interim measure, whether it is proportionate and whether there is a threat that the judgment will not be enforced. As grounds, state specific facts: the defendant is selling property, withdrawing money from accounts, leaving the country. General phrases such as 'may abscond' or 'may not comply' will not convince the court.

• A copy of the statement of claim, if the claim has already been filed.
• Documents on the property: an extract from the register, the technical passport, information on accounts.
• Correspondence in which the defendant threatens to sell or hide assets.
• Evidence that the defendant is already selling off property or closing down the business.

Securing a claim and replacement of measures: how to protect yourself

If the court has already granted measures on your motion, the defendant is entitled to ask for them to be replaced with another measure, and in a monetary claim, to deposit the amount claimed with the court instead of an arrest. In this way the defendant lifts the arrest from accounts and property without waiting for the judgment in the case. The matter is decided in the same proceedings in which the claim is heard.

In practice, replacement of measures is more often requested in large monetary disputes or where an arrest paralyses a business. The court assesses whether the protection of the claimant is proportionate to the defendant's risks. If the measures are later lifted as unfounded, the defendant may claim damages caused by securing the claim. The question of recovery is then decided separately, with proof of causation and the exact amount of losses.

• The defendant files an application to replace the interim measure with the court hearing the case.
• The application is accompanied by confirmation that the amount has been deposited with the court or proposes another measure.
• The court issues a ruling replacing the measure or refusing to do so; it may be appealed by way of a private complaint.

Securing a claim: common mistakes and how to avoid them

Mistakes in securing a claim are costly: the court refuses to grant the measures, and the defendant manages to withdraw the money or transfer the property. Most often the applicant fails to state which particular property or account should be frozen, what supports their arguments and why the measures are needed urgently. A vague application is rejected by the court — and the time is lost.

Choosing a measure unrelated to the claim also leads to refusal: for example, in a claim to terminate a lease agreement you ask to freeze all the defendant's accounts. If you delay the application while the defendant disposes of the assets, the measures become pointless. To avoid mistakes in securing a claim, check that the application contains:

• the specific property, account or act of the defendant
• supporting documents: statements, contracts, correspondence
• justification of the link between the measure and the claim, and of urgency
• the filing date before the assets were gone

Securing a claim: duration and cancellation

If the claim is upheld, the interim measures remain in force until the judgment is enforced. If the court dismisses the claim, the measures remain in force until the judgment enters into legal force. The duration of the claim security may be shortened if the court cancels the measures earlier.

Cancellation of interim measures is possible on the defendant's application or on the court's own initiative. The grounds are: the need has ceased, the claim was left without consideration or returned, or the proceedings were terminated. The court may substitute the freeze if the defendant deposits the amount claimed with the court.

• The defendant filed an application for cancellation.
• The claim was left without consideration or returned.
• The court terminated the proceedings.
• The parties concluded a settlement agreement.

The cancellation is formalised by a court ruling, which can be appealed.

Interim measures work only if you apply for them together with the claim or immediately after, before the defendant learns of the dispute. An application without specific property and evidence of risk will be rejected by the court.