Countries › Dominican Republic › Guide › 14. Disputes › Urgent relief in the Dominican Republic: referimiento, conservatory attachments and astreintes

Urgent relief in the Dominican Republic: referimiento, conservatory attachments and astreintes

Last verified: 2026-10-30 · Status: Stable

The president of the court can order urgent measures in a fast hearing called referimiento, which never decides the merits. A creditor whose claim looks justified and at risk can get a judge's permission to attach movable goods before suing, and bank accounts can be frozen through a garnishment capped at twice the debt. Arbitration does not block any of this, but a claim must follow within the period set.

USD figures use the Banco Central de la República Dominicana reference selling rate of RD$60.8594 per US dollar for 28 October 2026, the latest row in its published rate file on the verification date, rounded to the cent.

Key facts

Appeal against a referimiento order	15 daysLey 834 art. 106, as of 2026-10-30 · in force
Garnishment freeze cap	2 times the debtCódigo de Procedimiento Civil art. 557, as of 2026-10-30 · in force
Time to file arbitration after a court measure	60 daysLey 489-08 art. 13, as of 2026-10-30 · in force
Tribunal can order interim measures	Yes yes/noLey 489-08 art. 21, as of 2026-10-30 · in force
Rate used for USD conversions	60.8594 DOP per USDBanco Central reference selling rate, 28 October 2026, as of 2026-10-28 · in force

The rule

1. In urgent cases the president of the first instance court can order in referimiento any measure that does not meet a serious dispute.Ley 834 de 1978, as printed in the Código de Procedimiento Civil, art. 109, 1978-07-15 official text · verified 2026-10-30

2. The president can always order conservatory measures to prevent imminent harm or stop a manifestly unlawful disturbance, and can award a provisional sum to the creditor when the obligation is not seriously disputable.Ley 834 de 1978, as printed in the Código de Procedimiento Civil, art. 110, 1978-07-15 official text · verified 2026-10-30

3. The order is provisional, has no res judicata effect on the merits, is enforceable at once without security unless the judge requires it, and can carry astreintes, which are coercive daily penalties.Ley 834 de 1978, as printed in the Código de Procedimiento Civil, art. 101, art. 104, art. 105 and art. 107, 1978-07-15 official text · verified 2026-10-30

4. No opposition lies against the order. Appeal is due within 15 days, unless it came from the president of the court of appeal.Ley 834 de 1978, as printed in the Código de Procedimiento Civil, art. 106, 1978-07-15 official text · verified 2026-10-30

5. Cassation against a referimiento order is due within 10 working days of notice.Ley 2-23 sobre Recurso de Casación, art. 14 par. IV, 2023-01-17 official text · verified 2026-10-30

6. When urgency exists and collection looks at risk, a first instance judge can allow a creditor with an apparently justified claim to attach movables. The order fixes the amount and the term to sue for validity or on the merits, on pain of nullity. The judge may require security.Código de Procedimiento Civil, art. 48, 1978-07-15 official text · verified 2026-10-30

7. A creditor with an authentic or private title can garnish sums held by third parties, and a judge can allow it without a title. The freeze cannot exceed twice the debt.
Example: A RD$2,000,000 claim can freeze up to RD$4,000,000 at a bank. / A claim of about US$32,862.63 can freeze up to about US$65,725.26.Código de Procedimiento Civil, art. 557 and art. 558, 1947-07-02 official text · verified 2026-10-30

8. The creditor must give notice of the garnishment and sue for validity within the octave. Without that action the garnishment is void.Código de Procedimiento Civil, art. 563 and art. 565, Poder Judicial compilation official text · verified 2026-10-30

9. A party to an arbitration clause can still ask a court for interim measures. The court must require the arbitration claim within 60 days of its order, and an arbitral tribunal can lift the measure.Ley 489-08 sobre Arbitraje Comercial, art. 13, 2008-12-19 official text · verified 2026-10-30

10. The arbitral tribunal can order interim measures too. Referimiento judges cannot suspend them, and enforcing them follows the rules on awards.Ley 489-08 sobre Arbitraje Comercial, art. 21 and art. 41, 2008-12-19 official text · verified 2026-10-30

11. Dominican courts have jurisdiction over conservatory measures on persons or assets located in the country, and this jurisdiction is exclusive for measures enforceable there.Ley 544-14 de Derecho Internacional Privado, art. 11 num. 6 and art. 17, 2014-12-18 official text · verified 2026-10-30

Worked example

A distributor owes RD$6,000,000 (about US$98,587.89) and is selling stock. The supplier asks the judge under art. 48 to attach the stock, then sues within the term fixed in the order. Missing that term voids the attachment.

Step by step

Gather proof of the debt and of the danger to collection.
File the request with the judge of the debtor's domicile or the place of the goods.
Serve notice and file the validity claim on time.
If an arbitration clause applies, file the arbitration within 60 days.

Common traps

Art. 48 requires urgency and evidence of possible insolvency, and the judge states this in the order.
A wrongful seizure can lead to a damages claim, and the judge may require a bond first.
Once a restructuring request is filed, urgent measures must go to the restructuring court under Ley 141-15 art. 23.

Sources

← Commercial litigation in the Dominican Republic: court levels, summons, default, costs and digital filingAppeals and cassation in the Dominican Republic: one month to appeal, 20 working days to the Supreme Court →

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