Seizure and enforcement: security in collection

When you, as an entrepreneur, are owed money by a counterparty, a legal procedure is often unavoidable to enforce payment. But what if, after winning a lawsuit, it turns out that the debtor has no recovery options left? In such cases, pre-emptive seizure provides extra security.

Security with provisional seizure

Before starting a procedure, you can have a judge place a seizure on the assets of your debtor. This is called provisional seizure and aims to secure recovery options for your claim. This can include freezing bank accounts, seizing vehicles, inventory, or real estate. If the court subsequently grants your claim, this seizure can be converted into an enforcement seizure. You can then actually proceed to execution, such as selling the seized goods.

What if you are confronted with a seizure?

It can also happen that you unexpectedly face a seizure. For example, when someone claims that they still have money owed to them by you. In that case, a bailiff can seize your assets. We assess whether the seizure is justified and if there are options to lift it. This might be possible by providing alternative security, such as a bank guarantee. It may also turn out that the seizure has no actual value, for instance, because the property is already underwater. In urgent cases, we initiate summary proceedings to contest the seizure.

Legal assistance with seizure and execution

Whether you want to have a seizure placed or wish to contest one, expert legal guidance is essential. We ensure that your rights are protected, with attention to your business interests and legal position.

Do you have questions about seizure or execution? Contact us for advice or immediate assistance.

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