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 execution?

Before a judgment can be executed, it must be declared enforceable. In many cases, the court declares the judgment “enforceable notwithstanding appeal” (“uitvoerbaar bij voorraad”). This allows you to proceed with execution immediately, even if the opposing party lodges an appeal. If the judgment is not declared enforceable, you must wait until the appeal period has expired or until a decision has been rendered in the appeal.

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 are happy to advise you on the most effective enforcement measures in your specific situation.

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.

Investegation of recovery options

Before proceeding with execution, it is essential to assess the debtor’s recoverable assets. This helps avoid unnecessary costs if it appears that there are insufficient assets to satisfy the claim. Through an asset investigation, insight can be obtained into the debtor’s financial position and the available assets.
This process includes consulting public registers such as the Land Registry (Kadaster), the Commercial Register (Handelsregister), and the Central Insolvency Register (Centraal Insolventieregister). If necessary, additional information may be gathered from third parties who could provide valuable insights.
Based on these findings, an assessment is made regarding the feasibility of enforcement, and the most effective execution measures are recommended.

Defense against execution

The debtor may oppose the enforcement of a judgment, for instance by initiating enforcement proceedings. In such proceedings, the debtor may request the suspension or limitation of the enforcement.

Costs and benefits of execution

The costs of an execution process are, in principle, borne by the debtor, but must generally be advanced by the creditor. To determine whether execution is worthwhile, a cost-benefit analysis is conducted. This takes into account the ratio between the amount of the claim and the expected costs, the likelihood of a successful execution, and possible alternative solutions such as a payment arrangement or partial collection.

Support during the execution process

At Guldemond Advocaten, we offer comprehensive support in all aspects of the execution process. This includes:

•Advising on the most effective enforcement measures in your specific situation.

•Coordination with experienced bailiffs to ensure the smooth execution of the measures.

•Assistance with international execution proceedings, including cooperation with foreign law firms.

•Representation in execution disputes to protect and enforce your rights.

•Negotiation of payment arrangements if this offers a more advantageous or practical alternative.