Execution of summary proceedings

The preliminary relief judge (the summary proceedings judge) can decide in a so-called execution dispute to (temporarily) cease the execution of a judgment if and insofar as there is an abuse of law. This is also referred to as summary execution proceedings. JAW advocaten can assist you with this.

Execution can be halted in case of misuse of powers

The Supreme Court has set out the circumstances under which there may be an abuse of rights (also known as a misuse of powers). There may be abuse of rights if:

• the judgment to be enforced is clearly based on a legal or factual error;
• after the judgment, circumstances or facts arise of which the executed person will find himself in an acute state of emergency;
• other facts or circumstances are known of which the executor cannot reasonably exercise his right to enforce the judgment in question.

Suspension of eviction notice

In an enforcement dispute relating to an eviction judgment, the judge can only order the enforcement of that judgment to be stopped if it is of the opinion that the executor, also in view of the interests of the executed, has no reasonable interest in making use of its power to proceed with enforcement pending the outcome of the appeal.

Lawyer in summary proceedings

JAW Advocaten in The Hague is experienced in the field of enforcement disputes, including enforcement disputes in summary proceedings.

Please contact us directly if you want to initiate summary enforcement proceedings and discuss this with us.

Responsible lawyers:

• mr. D.A IJpelaar
• mr. J. Verheij
• mr. C.J. van der Have
• mr. H.P. Schouten
• mr. E.H.J. aan de Stegge

Jurisdiction:

• Attachment and execution law