Attachment and Sale of Property

The ultimate method for trade debt recovery in Bangladesh. Following rigorous asset tracing, the court formally seizes the trade debtor's assets—including real estate (immovable property), machinery, corporate shares, and inventory (movable property). These assets are subsequently liquidated via public auction, with the proceeds remitted to satisfy your money claim.

Statutory Framework: Sections 51(b), 60, and Order XXI, Rules 41-103 of the Code of Civil Procedure, 1908.

Garnishee Order (Freezing Corporate Bank Accounts)

A highly effective and swift tactic for liquid recovery. The court issues a binding order to a third party (the "Garnishee"—typically the defaulting entity's commercial bank) commanding them to freeze the debtor's accounts and transfer the owed funds directly to the court or creditor to satisfy the unpaid invoice.

Statutory Framework: Order XXI, Rule 46 (Attachment of debt, share and other property not in possession of garnishee) of the Code of Civil Procedure, 1908.

Civil Arrest and Detention in Civil Prison

As a severe, coercive measure for enforcing a monetary decree following a breach of contract in Bangladesh, the court can order the civil imprisonment of the willfully defaulting business owner or corporate directors. LegaSeba LLP utilizes this provision when a debtor manifestly possesses the financial means to clear the trade debt but deliberately attempts to abscond, hide assets, or obstruct the execution process.

Statutory Framework: Proviso to Section 51, and Sections 55-59 of the Code of Civil Procedure, 1908.

Locus Standi & Jurisdictional Thresholds

Under Bangladeshi jurisprudence, foreign domiciliaries and incorporated entities hold uncontested locus standi to execute the filing process for a money claim. Our firm seamlessly represents offshore clients via a duly executed and consularized Power of Attorney, mitigating the need for physical presence during trial. Crucially, offshore plaintiffs must be prepared for the court to exercise its discretion to mandate the furnishing of security for the defendant's prospective legal costs before the suit proceeds.

Statutory Framework: Code of Civil Procedure, 1908 (Order XXV, Rule 1); Power of Attorney Act, 2015.

Cross-Border Remittance & Regulatory Compliance

Securing a monetary decree for trade debt is merely the first phase of recovery. The repatriation of judgment sums to foreign jurisdictions is heavily regulated by Bangladesh's central bank framework. Execution proceeds must be remitted strictly through Authorized Dealers (ADs) and often necessitate specific exemption or approval from the Bangladesh Bank to ensure strict compliance with domestic foreign exchange controls and anti-money laundering (AML) protocols.

Statutory Framework: Foreign Exchange Regulation Act, 1947; Bangladesh Bank Guidelines for Foreign Exchange Transactions (GFET).

Recognition & Execution of Foreign Judgments

The statutory mechanism for enforcing a foreign decree diverges significantly based on the jurisdiction of origin. Decrees emanating from "reciprocating territories" (such as the United Kingdom or Singapore) may be executed directly as if passed by a district court in Bangladesh. Conversely, judgments from non-reciprocating territories (e.g., the United States) serve as an evidentiary basis—deemed conclusive under Bangladeshi civil procedure—upon which a fresh, expedited civil filing process must be instituted within local courts to compel asset seizure for the breach of contract.

Statutory Framework: Code of Civil Procedure, 1908 (Sections 13, 14, and 44A); The Limitation Act, 1908.

1. Pre-Emptive Strike: Strategic Legal Demands & ADR

We initiate the recovery process not with mere letters, but with formidable, legally binding demands. The institutional weight of LegaSeba LLP on a legal notice frequently compels delinquent debtors to settle an unpaid invoice immediately, recognizing the severe legal and financial consequences of facing our trial advocates in court.

2. Unrelenting Civil & Commercial Litigation

When out-of-court settlements fail, our Tier-1 litigation practice takes decisive action. We manage the entire filing process in Bangladesh with meticulous evidentiary preparation, aggressive cross-examination strategies, and an authoritative command of commercial jurisprudence to secure decisive court victories for your money claim.

3. Aggressive Decree Execution & Asset Tracing

A paper judgment is financially useless without execution. We deploy an aggressive post-judgment recovery strategy under Bangladeshi law—utilizing property attachment, corporate bank garnishments, and civil arrest warrants—to guarantee the actual, liquid recovery of your trade debt.

4. Bulletproof Corporate Contract Drafting

The absolute best defense against a protracted money claim case is a flawlessly executed initial agreement. Our corporate advisory team drafts airtight commercial contracts fortified with stringent penalty clauses, unambiguous jurisdiction parameters, and self-executing arbitration agreements to permanently insulate your business from future breach of contract liability.