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Debt collection Netherlands

Debt collection Netherlands? This is how to get started with your prejudgment attachment, step by step.

This is how to get started with debt collection Netherlands

A prejudgment attachment is made to prevent assets from being disposed of before the court renders judgement in the main legal proceedings. If you wish to levy a prejudgment attachment, you will need permission from the preliminary relief judge. A lawyer is required to file the petition to request permission.

The procedure for applying for permission to preservation of assets consists of the following steps:

#1 Submit request for precautionary attachment

Your lawyer starts the procedure by submitting a petition to the court (request for attachment) in which he asks for permission to attach someone’s property on your behalf. You are the petitioner. The petition states, among other things, what what you wish to attach and why you think it is necessary to place these attachments. Furthermore, the claim must be substantiated in the petition.

#2 Responding to the summons in debt collection Netherlands

After the petition is filed the court has two options:

  1. No court session – In general, no hearing will take place and the judge will assess the petition based on the information provided by you and your lawyer. The judge often rules very quickly, sometimes within a couple of hours.
  2. A hearing – If it concerns a wage attachment or an attachment of property for judicial custody, the judge can in some cases hear the debtor prior to making the decision.

#3 Judgment

The judge usually gives a quick ruling, sometimes within a couple of hours, on whether the prejudgment attachment may be levied. The court will inform the lawyer who filed the petition. These are the potential outcomes:

  1. Granting – If the judge grants the request and you are allowed to levy a prejudgment attachment, you can instruct a bailiff to actually levy the attachment. If the judge authorises you to issue a prejudgment attachment, the judge will also determine that a procedure must follow within a short period of time which will make it clear whether your claim against the counterparty is legitimate.
  2. Rejection – The judge does not give permission for a prejudgment attachment.

#4 Appeal and cassation of debt collection Netherlands

If you do not agree with the verdict of the judge, you can lodge an appeal. Then you submit your case for a new hearing at the court of appeal. You have to do this within 3 months after the verdict of your debt collection Netherlands. A lawyer must submit the appeal. Fruytier Lawyers in Business can advise you on every step of this process.

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