Winning a court case is an important milestone, but ultimately what matters is that the judgment is actually enforced. If the convicted party does not voluntarily pay or cooperate, it is necessary to enforce the judgment. At Guldemond Lawyers, we guide you through this crucial final stage of your legal proceedings so that you actually get what you are entitled to.

When can you proceed to foreclosure?

Before you can execute a judgment, it must be enforceable. In many cases, the court declares the judgment “provisionally enforceable. This means that you can proceed to execution immediately, even if the other party appeals. If the judgment is not provisionally enforceable, you will have to wait until the appeal period has expired or until a judgment is rendered on appeal. We advise you on the exact possibilities and deadlines, so that you can act in a timely and effective manner.

From judgment to payment: the practical steps

Once a judgment is enforceable, it is often wise to make a final demand for payment first. This gives the other party the chance to still comply voluntarily and can save possible further costs and time. If the other party does not respond or refuses to pay, we can use various enforcement measures to collect your claim.

Third-party attachment

One of the most effective means is garnishment. This involves having bank accounts, accounts receivable from customers or other assets the debtor has with third parties attached. The bailiff makes the garnishment and the third party, such as a bank or debtor, is then required to pay to you instead of your debtor. This can be a quick and efficient way to collect your debt.

Seizure of movable and immovable property

If garnishment is not an option or does not yield enough, we can seize the debtor’s property. This may include movable property, such as business inventory, stock or vehicles, as well as immovable property such as real estate. The seized property can then be sold publicly, with the proceeds distributed to you. We supervise the entire process, from seizure to auction and settlement of the proceeds.

Non-monetary injunctive relief

Sometimes it is not about a sum of money, but about some other obligation, such as fulfilling a contractual agreement or ceasing wrongful conduct. In such cases, we can use coercive measures to get the other party to act:

• Penalty payments: the court can impose a financial incentive, requiring the debtor to pay a certain amount for each day of noncompliance.
• Body coercion (hostage-taking): in exceptional cases, the court may order that the debtor be held hostage until he cooperates. This remedy is rarely used and only in very serious cases.
• Real execution: this means that the obligation is performed by a third party at the debtor’s expense. Think of vacating a property or performing certain work.

We advise you on the most effective coercive measures in your specific situation and ensure proper and careful execution.

International execution

Does your debtor have assets abroad? Even then there are possibilities to enforce your judgment. Within the European Union, Dutch judgments can be executed relatively easily thanks to European regulations governing the recognition and enforcement of judgments. Outside the EU, enforcement is often also possible, but more complex due to differences in legislation and procedures. We have extensive experience with international executions and cooperate with a reliable network of foreign lawyers and bailiffs. This allows us to effectively assist you in collecting your claim across borders.

Explore redress options

Before proceeding to foreclosure, it is wise to investigate the debtor’s ability to recover. This prevents you from incurring unnecessary expenses if it turns out that there is no or insufficient ability to recover your claim. We can for you:

• Conduct a recovery investigation: this provides insight into the debtor’s financial position and any assets.
• Consult public registers: consider the Land Registry, the Commercial Register and the Central Insolvency Register.
• Obtaining information from third parties: sometimes we can obtain valuable information about the debtor’s assets through third parties.

Based on this information, we advise you on the feasibility of execution and what resources are most effective.

Defense against foreclosure

It may happen that the debtor opposes the execution of the judgment. This can be done, for example, by starting an enforcement dispute in court, in which the debtor asks for the execution to be suspended or limited. We have extensive experience in both enforcement litigation and the defense thereof. We assess the opposing party’s arguments, advise you on the risks and opportunities, and represent you in the proceedings to protect your interests.

Costs and revenues

In principle, the costs of foreclosure are borne by the debtor. However, you must advance these costs. We advise you in advance about the expected execution costs and make a cost-benefit analysis. In doing so, we take into account:

• The amount of your claim: is it commensurate with the costs to be incurred?
• The likelihood of successful recourse: how likely is it that the foreclosure will result in payment?
• Alternative solutions: it may be wise to make a payment arrangement or collect a portion of the debt.

Our goal is to give you a realistic picture of your options so you can make informed decisions.

Practical tips on execution

For successful execution, it is important to:

• Act quickly: once the judgment is enforceable, it is important not to wait too long to take action. This will prevent the debtor from siphoning off assets.
• Investigate redress options in a timely manner: that way you know where you stand and can take targeted action.
• Be alert to the debtor’s defenses: keep in mind possible countermeasures and be prepared for them.
• Combining multiple means of enforcement: sometimes a combination of seizures of different assets is most effective.

We assist you with strategic advice and practical support to make the foreclosure process as efficient as possible.

What can we do for you?

At Guldemond Advocaten, we support you in all aspects of foreclosure:

• Strategic advice: we discuss with you the possible execution measures and advise which ones are most effective in your situation.
• Coordination with bailiffs: we work closely with experienced bailiffs and ensure smooth execution of foreclosure actions.
• International execution: in cross-border issues, we guide you through the complex international procedures and coordinate with foreign colleagues.
• Handling foreclosure disputes: we represent you in any proceedings and ensure that your rights are upheld.
• Negotiating payment plans: sometimes it is more advantageous to reach a payment plan. We negotiate on your behalf to achieve the best terms.

Contact

Do you have an enforceable judgment and want to enforce it? Or are you facing foreclosure proceedings and seeking legal assistance? If so, please contact Guldemond Advocaten.