Debt collection, attachments and seizures

Sooner or later, anyone who is in business will encounter customers that pay late or not at all. When demands and threats are no longer having the effect envisaged, it is time to take a tougher stance and secure a court judgment that can be used to collect the amount outstanding. It is often wise only to initiate proceedings of this type if there is sufficient certainty that the amount outstanding will actually be paid.

That is why proceedings will often be preceded by an attachment or seizure. The ultimate object of an attachment or seizure is to be able to recover the amount outstanding from an asset that belongs to the debtor in question. However, attachment or seizure can also sometimes be used as a means of achieving an out-of-court settlement. Various types of attachment or seizure are possible (including the attachment or seizure of moveable property, such as business assets and stock, attachment by garnishment with third parties such as banks and debtors and attachment for the purpose of surrender). Although courts are imposing ever stricter demands before granting permission, the prejudgment attachment or seizure continues to be a very popular means of recourse.

The seizure of ships is a separate discipline because of the speed of action required, the nature of the object involved and the various international aspects that often play a role. This is a strong specialisation here at Klaassen Advocaten.