Levying an attachment is a tried and tested means of increasing the pressure to get paid as a creditor. In the Netherlands, it is even possible to levy an attachment on assets of your debtor before a court ruling on your claim.
Such an early attachment is known as a “prejudgment attachment”. All assets of your debtor can be seized.
After a positive decision by the judge, the creditor can eventually recover from what was previously seized.
The goods that can be seized or attached
The law states that a creditor can recover his claim from all the assets of his debtor. You can therefore seize or attach all parts of your debtor’s assets through a lawyer.
You can think of positive bank balances, stocks, real estate, dividends, vehicles and claims your debtor has in respect of other debtors.
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Increasing pressure to get paid through a prejudgment attachment
In anticipation of legal proceedings regarding the claim, you as a creditor can already seize a (preservative) order.
After a court decision, the prejudgment attachment is “promoted” to a so-called “enforcement order”, with which you as a creditor can appropriate the attached goods.
By levying a prejudgment attachment in the correct manner, you as a creditor can induce your debtor to pay what you are claiming from him.
Prior court approval is required
A prejudgment attachment starts with a lawyer filing a petition with the court.
In principle, your debtor will not be given the opportunity to defend himself against that petition. In fact, your debtor usually only knows about the attachment once it has been made.
Therefore, a prejudgment attachment is usually a nasty surprise for your debtor.
A court decision on your claim “promotes” the prejudgment attachment to an enforcement order. With a judgment, the creditor can appropriate the prejudged goods.
Is it, for example, a positive balance in a bank account that has been attached? If so, that amount is transferred to the creditor.
VIOTTA is a law firm that specializes in dealing with complex debt collection processes. Our partners are well-known in the legal community. They all possess specific expertise and have years of experience.
At VIOTTA, you will not be faced with any unpleasant surprises. We are always clear in our communication and transparent about costs.
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VIOTTA is a law firm based in Amsterdam, specialising in providing advice in the areas of corporate law, mergers and acquisitions, contract law and corporate & commercial dispute resolution. We advise in transactional matters and litigate in commercial disputes. VIOTTA provides legal advice to its clients on Dutch corporate law matters, such as corporate governance, board structures, directors’ duties and liabilities, joint ventures and other collaborations. VIOTTA advises purchasers, sellers, management and other stakeholders in domestic and cross-border mergers and acquisitions (M&A).