Kiinnitysmenettely

Kiinnitysmenettely is a Finnish legal term referring to a procedure for securing a claim against a debtor's property. It is a legal remedy that allows a creditor to protect their rights and ensure the possibility of satisfying their debt if the debtor fails to pay voluntarily. The procedure is initiated by a creditor who has a valid claim against a debtor, such as an unpaid invoice or a loan.

There are two main types of kiinnitysmenettely: ulosottokiinnitys and konkurssi. Ulosottokiinnitys, or enforcement attachment, is typically used when the creditor has obtained a legally binding judgment or order that confirms the debt. In this case, the creditor can apply to the enforcement authority (ulosottomies) to seize and potentially sell the debtor's assets to cover the debt. This can include real estate, vehicles, bank accounts, or other valuable possessions.

Konkurssi, or bankruptcy, is a more extensive procedure that is initiated when a debtor is insolvent, meaning they are unable to pay their debts as they fall due. A bankruptcy petition can be filed by the debtor themselves or by one or more creditors. If bankruptcy is declared, a bankruptcy trustee is appointed to manage the debtor's assets, sell them, and distribute the proceeds among the creditors according to legal priority. Kiinnitysmenettely serves as a crucial mechanism in ensuring that creditors have recourse when facing non-payment or insolvency.