Many entrepreneurs and private individuals experience in practice that they have a concrete undisputed monetary claim against a party, but in fact it comes down to the fact that this party does not pay you off its debt despite reminders and notice of default. Attachment and execution measures are then often inevitable.
Fittings & Execution law
Many entrepreneurs and private individuals experience in practice that they have a concrete undisputed monetary claim against a party, but it actually comes down to the fact that despite reminders and notice of default, this party does not pay off its debt to you.
If the claim is undisputed (the counterparty has not put forward a liberating defense), then in most cases you have the right to have the goods of the person who owes you the sum of money or third parties who have assets of this party under them to hold. This is called pre-trial or third-party attachment. If the court assigns you the claim in the underlying substantive proceedings, the prejudgment attachment will become executory attachment.
Attachment law and enforcement law is an important area of law for JAW Advocaten, where in addition to our involvement as your lawyer, a judicial officer is also involved. We use these legal means of pressure to ensure that your doubtful debtor will still fulfill his obligations to you, provided that there are of course sufficient remedies.
Conversely, you or your company can also be affected if your goods or assets have been (wrongly) seized. This also falls under attachment and enforcement law. In these cases too, JAW Advocaten can be of service to you to lift the seizure through an enforcement dispute if the circumstances give cause to do so.
Need a lawyer?
As a creditor you can execute a judicial judgment and impose an executory attachment. Do you have a claim and are you considering initiating legal proceedings? Or have you been seized on goods and / or claims? Then contact one of our lawyers from the attachment and enforcement law section. They can advise you on the (im) possibilities of the attachment and, in consultation with you, take the right steps to safeguard your legal position as much as possible.
Therefore please contact us directly if you want to submit an attachment or execution problem to us.