Pre-judgment attachments under Dutch law

Dutch Law: A Simple Guide to Pre-Judgment Attachments


What's This All About?

Pre-judgment attachments in Holland let people who are owed money freeze the debtor's assets in the Netherlands. This way, the debtor can't run away without paying. MAAK Advocaten is here to help explain.


What Can Be Frozen under Dutch law?

* Money in bank accounts.

* Things like cars, houses, and even ships.

* Stocks in companies.

* Assets that others might be holding, but belong to the debtor.

* Properties believed to belong to the person owed money.


How to Get a Pre-Judgment Attachment?


1. Start the Process: The person owed money sends a request to the judge. This request will have:

   * Who they are.

   * How much they're owed.

   * Proof of the debt.

   * List of things they want to freeze.

   * Why the debtor isn't paying.


2. What Happens Next?: The judge quickly decides if the assets can be frozen. Once approved, the person owed money has to start the main case against the debtor soon, usually in 2 weeks to 3 months.


Good and Bad Sides of Pre-Judgment Attachments


Pros

Quick Help: It's a fast way to make sure your money is safe.

Holds Until The End: The freeze stays until the judge decides who's right.

Easy to Use: If you win, you can take the frozen assets.


Cons

You Might Have to Pay: If you're wrong, you may need to compensate the debtor.

Not Always Useful: If the debtor goes bankrupt, this method might not help much.


Other Options

There's something called the European Account Preservation Order (EAPO). It's for freezing bank accounts when the issue is between different countries. It's another tool, just like the pre-judgment attachments.


What If Someone Freezes My Stuff?

Don't panic! In the Netherlands, you can challenge this. You'd ask the Dutch courts to look into it and maybe stop the freeze.


Final Thoughts

Freezing assets is a useful tool in the Netherlands if someone owes you money. It's quick and often effective. But remember, it's crucial to be sure before you act. MAAK Advocaten is here to help if you need guidance.

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