Debt collection, litigation and enforcement

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...

Declaratory judgment not provisionally enforceable? Once you have received a judgment or order, you want (in most cases) to be able to execute it immediately. To do so, you can ask the court to declare the judgment or order provisionally enforceable. You can read more about that in this article. But.

Subpoena not served, now what? The law states that a subpoena must meet all kinds of requirements. And rightly so: a subpoena initiates court proceedings and the consequences can be severe. Another important requirement is that the plaintiff must send the subpoena to the court on time. This is called ‘filing’....

Does mediation clause prevent initiation of litigation? The Supreme Court ruled yesterday on the question of whether a mediation clause in an agreement obliges parties to actually try mediation first, before initiating litigation. According to the Supreme Court, mediation may indeed be mandatory. This may result in the judge before whom a...

Your debtor is dissolved, how do you get your money? Imagine you have a large claim on a private limited company. It is trying to outsmart you by dissolving the private limited company. This is also called turboliquidation. Then you as a creditor can whistle for your money. The adage is not for nothing...