In the Netherlands, it is possible to pre-emptively seize the goods of the other party prior to or during a proceeding. The creditor may, after the court has rendered a later awarding judgment, recover the seized property. The purpose of a precautionary seizure is to make recovery possible by the time the judgment is obtained.
There is a whole range of types of seizures and arrests. Well known seizures are seizure of movable property, the wage attachment and the bank attachment. Other examples are the arrest of real estate, ships and aircraft. A special form of attachment is the evidence attachment. Unlike other attachments, this attachment does not serve to ensure recovery. The purpose here is to safeguard evidence, such as documents and computer files, so that they can be used later in proceedings. Special rules apply to each of the forms of seizures, attachments and arrests. Based on these rules the court will determine whether the attachment is admissible in the specific case or not.
Before seizure can be effected, the court must grant permission. To obtain this permission, a lawyer must submit a petition describing the claim and substantiating it with supporting documents. This is a so-called unilateral (ex parte) request. The other party will not be heard at this stage of the procedure, except in special cases regulated by law, such as wage seizure. The seizure will therefore often come as a surprise.
If all the formalities have been complied with, the court will grant the request and set a period within which the claim in the main proceedings will have to be brought, if no proceedings are already pending. With the petition obtained, the bailiff can then actually make the arrest. In very urgent cases, the entire procedure can be arranged within a day or even within a few hours.
A seizure can cause a lot of damage and also have an illegal character. The law stipulates that a seizure must be lifted if it becomes clear that the right invoked by the attaching party is defective. A seizure can also be lifted by the court on other grounds. Anyone who disagrees with a conservatory attachment imposed may apply to the judge for interim relief and demand that the attachment be lifted. A lawyer is also required to institute such summary proceedings.
Minerva Advocaten focuses on seizure and arrest matters. We act both for arresting parties and parties who are confronted with a seizure. Are you considering seizure? Do you have a garnishment issue and do you want to get rid of it? Please contact us and ask us your question without obligation, so that we can indicate whether we can help you with the matter. Not for nothing is our motto: "Your problem, our concern."
Hein Kernkamp will gladly help you further.