Execution of property and goods

Executory Attachment

If a claim against your debtor has been awarded to you in a court order, the prejudgment attachment will be converted into executory attachment.

As a creditor you can then proceed to execution. You can then win over the assets of the debtors on which you have already placed a prejudgment attachment, so that you obtain your claim from the proceeds of the prejudgment attachment. When enforcing the judgment, you as a creditor are free to choose the assets that you had seized and you can proceed to execution of the assets. If the bank account has been seized by execution, the bank will transfer the amount seized to the bailiff. When things, household effects, cars or even a home are seized, the bailiff will sell these goods for you in an execution safe. ”

In practice, we often see that the convicted party makes a payment arrangement with the bailiff, for which you must of course give permission. If the latter is not the case, the sentenced party is formally made known of the content of the judgment by mandatory notification of the judgment to the debtor and he is given the opportunity to comply with the judgment within a (usually short) period.

Therefore please contact us directly if you are considering executory attachment and want to submit this to 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