Debt collection, litigation and enforcement

Priority tax authority in bank garnishment? A creditor can place a prejudgment attachment under a bank. The bank then blocks the amount currently in the bank account. That is ‘seized. If the garnishment becomes executory, the creditor who placed the garnishment can claim this money. If there appear to be multiple creditors, the money becomes...

Evidence: this changed in procedural law on Jan. 1, 2025 The law is constantly changing. As of last week, several changes were made in procedural law. Among them, the law of evidence went on the upswing. Many trial lawyers believe that these are mostly editorial changes. A lot of newly introduced provisions materially change ...

Appeal deadline in VvE cases: stay sharp! In an earlier blog we wrote about an owner who wanted to build a roof extension. The subdistrict court in Rotterdam granted permission, but the Court of Appeal of The Hague (ECLI:NL:GHDHA:2024:2205) ruled against it. Before the court could reach this verdict, however, an important question had to be...

Owner goes wrong with deadline for voiding VvE resolution It goes wrong very often. Many owners invariably wait for the minutes of the meeting. They think that only then does the deadline to request the annulment of the resolutions taken start to run. Many VvE members went wrong as a result. According to attorney Robert van Ewijk, who specializes in...

Act of familiarity: when does the opposition period begin? Resistance is an important legal remedy in procedural law. An opposition allows a party convicted in absentia to still defend himself against a default judgment. A default judgment is rendered when a party fails to appear in court or fails to pay the court fee on time. The filing of an opposition is subject to...

Third-party garnishee liable in case of incorrect third-party declaration If you make a garnishment or execution order against a third party at the expense of your debtor, that third party must make a so-called third-party declaration. This is a statement stating how much the garnishee must pay to the debtor. The garnishee third party is often a bank, but...