In the event of imminent harm to creditors or the risk of important business assets disappearing, precautionary measures can make the difference between success and disappointment.
In the event of imminent harm to creditors or the risk of important business assets disappearing, precautionary measures can make the difference between success and disappointment.
In the event of imminent harm to creditors or the risk of important business assets disappearing, precautionary measures can make the difference between success and disappointment. The lawyers of Guldemond Advocaten have extensive experience in taking conservatory measures and imposing various types of attachments. We understand that speed and care must go hand in hand here.
Prejudgement is a powerful legal remedy that prevents assets from disappearing before a court has ruled on your claim. It allows you to ‘freeze’ assets of your counterparty almost immediately. This can range from bank accounts and real estate to business inventory and claims against third parties. A key advantage of prejudgment attachment is the surprise effect. The other party is not notified until after the attachment is made, which increases its effectiveness. This makes it a particularly effective means of securing your recourse.
Choosing the right type of attachment requires strategic insight. Bank seizure can be very effective because it directly affects the liquidity of the other party, but can also lead to acute problems that make an amicable solution difficult. Seizure of real estate or business assets, on the other hand, can put pressure without directly disrupting business operations. Our lawyers will advise you on the most effective attachment strategy for your situation. In doing so, we consider not only the legal options, but also the practical impact and the likelihood of a constructive resolution of the dispute.
Dutch law has several attachment options, each with its own characteristics and applications:
Aimed at securing redress for monetary claims. This can be laid on:
If you are entitled to delivery of specific goods, you can attach them to secure delivery.
When intellectual property rights or trade secrets are infringed, evidence seizures can be made to secure important evidence.
The imposition of a precautionary attachment requires leave from the interim relief judge. This requires a carefully substantiated petition explaining the claim and the need for the attachment. Our lawyers have extensive experience in drafting effective attachment petitions and know what substantiation judges expect.
In international disputes, we can use European attachment measures, such as the European bank attachment. We can also act quickly through our international network when attachments need to be made abroad. We have specific expertise with:
Making a prejudgment attachment carries risks. If it later turns out that the attachment was wrongly made, you may be liable for damages. We therefore advise carefully on:
We accompany the entire attachment process, from strategic preparation to the execution phase:
Are you facing (imminent) seizure. If so, please contact Guldemond Advocaten.
