Preservation order

If you have a claim against another party, an attachment may be levied. For monetary claims, there are two types of attachment: conservatory attachment and foreclosure. 

Custodial or conservatory attachment

Prejudgment attachment is another name for protective attachment. With it, the creditor freezes the debtor's assets so that he can recover them when the court issues a judgment has pronounced. Until then, therefore, the garnished property is retained. If the claim is granted by the court, the attachment automatically becomes a foreclosure.

Bench hardware

When a garnishment is placed under the bank, it happens almost literally. The bank then removes the money from the garnishee's account, and keeps it in a separate account, which the debtor can no longer access. He cannot access it again until the attachment has been lifted, for example, if the court does so because it was wrongfully laid or if the claim was finally dismissed in the main case.

Seizer must file claim within two weeks

The one who attaches often does so to prevent the removal of money or property belonging to his debtor before there is a judgment. He can then no longer recover on them. However, levying an attachment is not without obligation. The garnishee must include in his petition properly justify why he wants to attach and on what and often that the fear of embezzlement exists. In addition, the judge attaches to his permission to seize (this is called garnishment leave) the obligation to actually file a claim. Usually this must be done within 14 days after the initial attachment is made. That can be a proceedings on the merits be, but also a summary proceedings.

Lawyer at the time of seizure

In order to seize property, a petition be filed with the court. The judge presiding over preliminary relief proceedings will hear the request. In principle, the party against whom the attachment is sought is not heard, except, for example, in the case of a wage garnishment. The law stipulates that the petition must be filed by an attorney. Do you want to place a lien, or has a lien been wrongfully placed on your property and do you want to lifting of attachment? Then take contact Contact the attachment and foreclosure specialist at Lexys Advocaten.

Lawyer specializing in lifting liens