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 cases of imminent prejudice to creditors or the risk that essential business assets may disappear, conservatory measures offer a powerful means to secure your recovery options. Through a prejudgment attachment (conservatoir beslag), the assets of your counterparty can be ‘frozen’ before a court has rendered a decision on your claim. This legal remedy is crucial in situations where speed and diligence are of the essence.
Prejudgment attachment offers an effective tool to ensure that assets cannot be removed from recourse. The element of surprise plays a key role in this process: the opposing party is only informed after the attachment has been executed. This may include attachment of bank balances, real estate, business inventory, or claims against third parties. As a result, these assets remain available for enforcement should the court decide in your favour.
The choice of attachment type requires a strategic approach. Bank garnishment can have an immediate impact on the counterparty’s liquidity but may also create tensions that complicate negotiations. Attachment of immovable property or business assets, on the other hand, can exert more subtle pressure without disrupting daily operations. Developing a well-considered strategy tailored to your specific situation is therefore essential.
Dutch law recognises various forms of conservatory attachment. Attachment for recovery (verhaalsbeslag) is commonly used in monetary claims and can be levied on a wide range of assets, including bank balances, real estate, shares, and intellectual property rights. Attachment for delivery (leveringsbeslag) is aimed at securing goods to which you are entitled, while evidentiary attachment (bewijsbeslag) is often used in cases involving infringement of intellectual property rights or trade secrets, to preserve crucial evidence.
To impose a prejudgment attachment (conservatoir beslag), leave from the interim relief judge (voorzieningenrechter) is required. This leave is obtained by submitting a well-substantiated petition, clearly setting out the claim and the necessity of the attachment. A carefully drafted attachment petition not only increases the likelihood of approval but also provides protection against potential objections raised by the opposing party.
In international disputes, the European Account Preservation Order (EAPO) offers a legal mechanism to freeze bank accounts in other EU member states. In addition to the EAPO, cross-border attachment can also be executed through our international legal network. We ensure seamless coordination between Dutch and foreign proceedings, drawing on local expertise where needed. By combining in-depth knowledge of Dutch law with proficiency in European regulations, we enable swift and effective action to safeguard your recovery prospects across jurisdictions.
Although prejudgment attachment is a powerful tool, it also entails certain risks. If the attachment proves to have been unjustly imposed, liability for damages may arise. A careful assessment is therefore essential. This includes evaluating the merits of the claim, the proportionality of the attachment, and any possible legal defenses raised by the counterparty. Alternatives, such as providing security arrangements, may in some cases be a more prudent choice.
The successful imposition of prejudgment attachment begins with the preparation and submission of the attachment petition and continues through coordination with bailiffs and, if necessary, conversion to enforceable attachment. When required, we also assist during the enforcement phase to ensure that your claim is actually collected. In the event of motions to lift the attachment filed by the opposing party, we provide a thorough defence to safeguard your position.
