In short
Security for a provisional attachment is not given back the moment it is deposited. Return depends on a writing of the authority showing that the risk of damage which the security guaranteed has ended, or on the debtor’s consent that has entered the record. Opening proceedings, and applying the attachment, do not return the money of their own accord. A period and a rate are not in this text. The definition is in the article on provisional attachment. Binding it to enforcement is in the article on enforcement after provisional attachment. This text does not repeat either of them.
The receipt is not a return writing
The receipt of the security that was deposited does not write that the money returned to the creditor or to the debtor. The receipt shows that the guarantee that was asked for was deposited. While the guarantee is standing, it is not said “I took it back”. Taking it back is the return writing entering the file. If there is no writing, a movement at the till is not assumed. If the word return is not on the till slip, the money that was deposited is not thought to be money that returned. Even if the word is there, which file’s security it is is read by the file number. If there is no file number, the slip is not counted as the return of this file.
Cash security and a letter of guarantee are not the same envelope. Release of the letter is not treated as having happened before a writing goes to the bank. Cash is not treated as having gone back out of the till before a return writing either. Which of the two was deposited is read from the receipt or from the text of the letter. If there is no text, a kind is not invented. If the letter appears to have expired, that appearance is not a decision of return. A period is not written into this text. The date in the text of the letter is read together with the writing of release that goes to the bank. If there is no writing, the letter is not treated as returned of its own accord.
The person who deposited the security and the person who asks for the return should be the same. The security of another file is not tied to the receipt of this file. The tie is there if the file number and the deposit record match. If they do not match, it is not said that the money returned.
The money does not go out before the risk ends
The security is the guarantee of damage that can arise from a wrongful provisional attachment. While the possibility of damage is standing in the file, the function of the security is not treated as finished. The creditor being held to be in the right does not have the money returned at that moment in every file. Being in the right is read together with whether the head of damage has closed. A return is not announced before the head closes. Acceptance of the action does not make the security receipt a return slip. The judgment of acceptance is read as to whether it carries a record as to damage. If there is no record, the judgment is not treated as having taken the money out at that moment.
Being held to be in the wrong does not pass the security to the debtor of its own accord either. Damage asks for a separate request and a document. While there is no document, the receipt is not counted as a payment of compensation. An amount is not in this text. A rate is not either. If a rate was written into the file when the security was deposited, it is read from there. If it was not written, it is not completed here. If a claim for damage has been opened and has not yet been concluded, the security is not announced as divided before the result writing. Division is reading the item in the request together with the security record.
Even if the provisional attachment has lifted, the money is not treated as having gone out if the debate on damage is continuing. The lifting writing and the return writing are separate lines. If one is there, the other is not assumed. If neither is there, the receipt shows that the guarantee is standing.
Consent, and the authority’s writing
The debtor can expressly agree to return of the security. Agreement may not be enough if it stays as a short sentence of approval in correspondence. The authority ties to the record from whom the consent came, and which security it relates to. If there is no record, consent is not assumed. The return writing of the authority that gave the decision opens the same door. Whether the writing reached the other side is read from the piece of service. If there is no piece, the return is not treated as having happened. If there is no file number on the piece, the piece is not counted as the return of this security.
A guarantee the debtor deposited to release the attachment on the property is not the return of the creditor’s security. If the two items get mixed, the creditor’s money is thought to have returned. The guarantee the debtor deposited is in the own papers of the debate on releasing the property. Those papers do not make the creditor’s receipt a return slip. While the debtor’s guarantee is returned, the creditor’s security can stay in place. Which one returned is read by the name on the deposit record. If there is no name, neither item is treated as having returned.
The attorney’s consent is read if the power of attorney has authority for this matter. If there is no authority line, a statement of the principal person that has entered the record is looked for. If there is no statement, the attorney’s message does not take the place of the authority’s writing. The message is not treated as having started a return before it enters the office or court record.
Opening proceedings does not return it
The creditor opening an action, or proceedings, after the provisional attachment does not mean the security was returned. The periods of that opening are not written into this text. The periods are in the neighbouring article. The receipt does not become a return document because proceedings were opened. The dropping of the attachment does not write the money into the account at that moment either. The line of dropping and the line of return are separate. If proceedings were not opened, that gap does not have the security returned of its own accord either. The result of the gap stays in the neighbouring article. This text reads that opened proceedings do not make the receipt a return slip.
Erasure of the annotation is left to lifting an attachment. This text does not lift the annotation. Return of the security is not release of the attachment on the property. Before a release writing goes out, the register is not cleared because the money returned. A block at the bank does not open of its own accord with return of the security either. The account line is under my bank account was attached. The return writing is not put in place of the lifting writing that goes to that bank.
The documents that are read are the security receipt, the return writing or the consent, and the closing record as to damage if there is one. If one is missing, it is not said that the money returned. The petition should show, by the file number, which file’s security is asked for. If there is no number, the security of another file is not tied to this request. If the receipt and the return writing are standing, the two are read side by side with contact. The reading does not return the money.
The return goes back to the depositor’s record
The money is tied to the record of the person who deposited the security. If an attorney deposited it, whether the return will go to the attorney’s account or to the principal person is read from the deposit record. If there is no record, the money is not treated as having passed to the debtor. A payment out of the security against damage is not a return to the creditor. That payment is the result of the claim for damage. While there is no result writing, the security is not announced as distributed to one of the two sides. The amount that was distributed is not here either.
The return is read according to the kind of item that was deposited. If cash was deposited, the return is seen by a return line in the till or bank record. If a letter was deposited, the return is seen by a writing showing that the letter was released. It is not assumed, as if the kind had changed, that cash turned into a letter or a letter into cash. Money a third person lent for the security is not treated as having passed to that third person if that third person does not appear on the deposit record. Even if the person appears, that appearance is not a return to the debtor. The return goes to the depositor’s name on the record.
If there is more than one provisional attachment, each security is in its own file. The return writing of one file does not release the receipt of the other file. Release is in each file’s own writing. If there is no writing, the receipt stands. A receipt that is standing is not thought to be release of the attachment, or lifting of a bank block.
Whether the money actually returned after the return writing went out is read from the movement at the till or at the bank. If there is a writing and no movement, the money is not announced as having gone out. If there is a movement and no writing, the movement is not counted as a return on its own. The two should match on the same file number. A movement that does not match can be the record of another expense, or of another file. Whether it is is separated from the explanation of the movement. If the explanation does not mention the security, it is read that the guarantee of this file is standing.
The internal correspondence of the bank that gave the letter of guarantee is not the authority’s return writing. Even if the bank says “I released the letter”, this sentence is not treated as a completed return before it is entered in the file. Entering is the authority record and the bank writing showing the same letter. If the letter number differs, another guarantee may have been released. A different number is not treated as having released the security of this file as well. Release is in the writing whose number matches.
A writing whose number matches is not treated as a completed return either before it enters the authority record. The entry is the return line in the file.
Conclusion
The security is not treated as given back without a writing of the authority, or a consent that has entered the record. Opening proceedings, and applying the attachment, are not a return. A rate, an amount, and a period are not written. The frame is on the enforcement and bankruptcy law page. The basis is the provisions on security for provisional attachment in the Enforcement and Bankruptcy Code No. 2004.