Beslaglegging

Beslaglegging is a legal procedure in civil law jurisdictions, including the Netherlands and Belgium, that allows a creditor to seize assets belonging to a debtor. This seizure is typically ordered by a court and serves as a means to secure a claim that a creditor has against a debtor. The purpose of beslaglegging is to prevent the debtor from disposing of their assets, thereby ensuring that the creditor can eventually satisfy their debt.

There are different types of beslaglegging, depending on the nature of the asset being seized and the stage of the legal proceedings. Beslaglegging can be conservatory, meaning it occurs before a final judgment to preserve assets, or executory, meaning it occurs after a judgment to enforce the debt. Assets that can be subject to beslaglegging include movable property, real estate, bank accounts, and claims against third parties.

The process generally involves obtaining a court order, known as a writ of execution or a conservatory attachment order. This order authorizes bailiffs (gerechtsdeurwaarders in Dutch) to physically seize the assets or to officially notify the debtor and relevant third parties of the seizure. Once assets are seized, they can be sold to satisfy the debt. There are legal protections in place to ensure that certain essential assets, such as basic necessities and a portion of income, are not subject to beslaglegging. The debtor has the right to challenge the beslaglegging through legal proceedings if they believe it is unfounded or unlawful.