Seizures are a tried and tested means of increasing the pressure to get paid as a creditor. In the Netherlands, it is even possible to seize assets of your debtor before a court ruling on your claim.

Such an early attachment is known as a ‘preservation order’. 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

The law states that a creditor can recover his claim from all the assets of his debtor. You can therefore seize all parts of your debtor’s assets through a lawyer.

You can think of positive bank balances, stocks, real estate, dividends, vehicles and debtors that your debtor has on other debtors.

Bekijk hoe VIOTTA u kan helpen.

Increasing pressure to get paid through a preservation orde

In anticipation of legal proceedings regarding the claim, you as a creditor can already seize a (preservative) order.

After a court decision, the preservation order is ‘promoted’ to a so-called ‘enforcement order’, with which you as a creditor can appropriate the attached goods.

By levying a preservation order in the correct manner, you as a creditor can induce your debtor to pay what you are claiming from him.

Preliminary court approval is required

A preservation order 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 preservation order is usually a nasty surprise for your debtor.

Enforcement order

A court decision on your claim ‘promotes’ the preservation order 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 seized? If so, that amount is transferred to the creditor.

Why VIOTTA?

VIOTTA is a law firm that specializes in dealing with complex debt collection processes. VIOTTA’s debt collection lawyers are happy to advise and assist you. Whether it concerns levying attachments or conducting summary proceedings to have attachments lifted.

At VIOTTA, we don’t like unpleasant surprises. We are always clear in our communication and transparent about the expected costs.

Do you want to get in contact with VIOTTA?

Contact VIOTTA.

VIOTTA is a law firm based in Amsterdam and is specialized in advising on the areas of corporate law, mergers and acquisitions, contract law and corporate & commercial dispute resolution. We advise in transactional matters.

By VIOTTA.

Recent cases.

This is what we do best.

Expertise.

Viotta Law - Corporate Law

Dispute Resolution

Is your company involved in a dispute? Our lawyers are razor-sharp and take a critical approach.

Viotta Law - Litigation

Restructuring & Insolvency

VIOTTA’s insolvency lawyers have many years of national and international experience at various law firms.

Viotta Law - Capital Markets

Capital Markets

Our legal experts can provide guidance during successful equity capital market transactions.