ATTACHMENT LAW

Attachment is a powerful tool that can work both to your advantage and your disadvantage. Attachment can be an excellent means of securing your position. By means of attachment, at the end of legal proceedings, you can still lay claim to the object. Attachment also prevents the debtor selling the object in the meantime.

PREJUDGEMENT ATTACHMENT & EXECUTORY ATTACHMENT

A prejudgement attachment is levied in order to secure recovery options, at which point you are required to initiate legal proceedings. Executory attachment is imposed after a court or arbitrator has found in favour of your claim. The same applies to a judgement by a foreign court, if approved by the Dutch courts.

CONFRONTATION

You yourself may be faced with an attachment. If the attachment has been incorrectly levied, your wish will of course be to have it lifted as quickly as possible. With that in mind, you can initiate interlocutory proceedings. If it is subsequently demonstrated that the attachment was levied incorrectly, and you have suffered damages as a consequence, those damages can be claimed against the attaching party.

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