levying and lifting attachments Netherlands
As a seizure lawyer, I am regularly in court, sometimes on the subject of lifting a prejudgment attachment and sometimes on the subject of wrongful execution – i.e. an unjustified seizure. In the Netherlands, it is relatively easy to make a prejudgment attachment. I have a great deal of experience, both in levying a seizure and in lifting it. In this blog I will explain how to lay a seizure in simple steps. Making a seizure and lifting it. levying and lifting attachments Netherlands.
Prejudgment attachment Netherlands
Making a prejudgment attachment starts with a petition to the court. That petition will explain why an attachment should be levied. In brief: the claim must be substantiated, the subject of the attachment and the amount of the attachment to be levied. If the petition meets the requirements, the court will grant leave. The application is of great importance. If the counterparty wishes to lift the attachment, summary proceedings will follow in which the content of the petition plays a major role. If the content is not correct, this may already be a reason to lift the attachment, because the attachment judge will then have been misinformed.
Attachment on bank account or house Netherlands
An attachment can be levied on all possessions/assets. I have done that for companies on real estate, bank accounts, shares, et cetera. After granting the leave, it is sent to the bailiff. The debtor is notified of the attachment by the bailiff, which is done by service of a ‘writ’, an official document from the bailiff.
Dissolution of attachment
If the attachment leads to problems, the entrepreneur / private individual will often want to proceed quickly to the lifting of the attachment. The quickest solution is to provide a bank guarantee. Then the distraining party is obliged to lift the attachment. However, there may be reasons why a bank guarantee is not a good option, for example, because the claim is unfounded or because the amount is too high for a bank guarantee to be provided.
Seizure of foreign party
Since 2017, it has been possible to seize assets in other Member States in Europe. This is regulated in the Regulation (EU) No. 655/2014. However, seizing a foreign party is more complicated than seizing in the Netherlands.
Would you like advice on the levying and lifting of a seizure? Please contact Jasper Hagers.