Pre-judgment attachment
Pre-judgment attachment is a powerful legal instrument used to secure recovery options before a court has rendered its decision. It is applied where there is a real risk that the opposing party may dissipate or conceal assets. When applied carefully and strategically, pre-judgment attachment can be decisive for the ultimate success of legal proceedings.
What is pre-judgment attachment?
Pre-judgment attachment is a provisional measure by which assets or property of the opposing party are “frozen”. Its purpose is to prevent recovery options from disappearing before a court has ruled on the substance of the dispute. Pre-judgment attachment may be imposed, among other things, on bank accounts, movable assets, real estate or claims against third parties.
When is pre-judgment attachment possible?
Pre-judgment attachment is intended for situations in which there is:
a (claimed) receivable with a sufficient legal basis;
a concrete risk of frustration of recovery;
an urgent interest in obtaining immediate security.
Prior permission from the court in summary proceedings is required before pre-judgment attachment can be imposed. This permission is granted on the basis of a unilateral application, in which the claim, the interest involved and the proportionality of the attachment must be carefully substantiated.
Legal and strategic considerations
Imposing pre-judgment attachment requires precision. Careless or disproportionate attachment may lead to its lifting, liability for damages or a finding of abuse of rights. Key considerations include, among others:
selecting the appropriate asset to be attached;
the proportionality between the claim and the scope of the attachment;
the prospects of success of the underlying proceedings;
the obligation to initiate proceedings on the merits in a timely manner.
A strategic approach prevents unnecessary risks and enhances the effectiveness of the attachment.
Assistance by Clavix Advocaten
Clavix Advocaten assists clients throughout the entire pre-judgment attachment process: from legal analysis and drafting the application for permission to attach, to imposing the attachment and conducting follow-up proceedings. We advise both attaching parties and parties confronted with pre-judgment attachment, including proceedings seeking lifting of the attachment or substitution of security.
Our approach is thoughtful, swift and legally precise, with due regard for both procedural prospects and commercial interests.
Considering pre-judgment attachment?
Are you considering imposing pre-judgment attachment, or have you been confronted with attachment of your assets? Contact Clavix Advocaten for an initial legal assessment and strategic advice.