Executory attachment
Executory attachment is the instrument by which a creditor actually enforces recovery against a debtor’s assets on the basis of an enforcement title, such as a judgment or decision. At this stage, a legal ruling is enforced in practice, which may have significant financial and practical consequences.
What is executory attachment?
Executory attachment is an attachment imposed to enforce a court judgment or another enforcement title. Unlike pre-judgment attachment, the claim has already been established by a court. The purpose of the attachment is to compel payment or satisfaction of that claim.
Executory attachment may be imposed, among other things, on bank accounts, wages, movable assets, real estate or claims against third parties. Enforcement is typically carried out by a bailiff and is subject to strict statutory rules.
When can executory attachment be imposed?
Executory attachment is possible once the creditor has a valid enforcement title, such as:
a judgment or decision declared provisionally enforceable;
a notarial deed with executory force;
a writ of execution (dwangbevel).
In principle, the creditor may proceed directly to enforcement unless the court has determined otherwise. The manner and scope of the attachment must, however, always be proportionate.
Limits to enforcement and abuse of rights
Although executory attachment is a powerful instrument, it is not unlimited. Enforcement may be unlawful where there is an abuse of enforcement powers, for example if:
the enforcement no longer serves a reasonable purpose;
the consequences are disproportionately severe in relation to the creditor’s interest;
new facts or circumstances have arisen after the judgment.
In such cases, the debtor may intervene by initiating an enforcement dispute and seek suspension or limitation of the enforcement.
Legal guidance in executory attachment
Both creditors and debtors have significant interests during the enforcement phase. For creditors, proper and effective enforcement is essential to actually obtain payment. For debtors, executory attachment can have far-reaching consequences for business operations, income and continuity.
Clavix Advocaten advises and litigates on all aspects of executory attachment, including strategic enforcement, defence against attachment and enforcement disputes.
Legal advice needed?
Are you facing executory attachment, or are you considering proceeding with enforcement? Contact Clavix Advocaten for a careful assessment of your position and strategic follow-up advice.