Lifting an attachment (seizure) in the Netherlands
When a creditor’s lawyer files a petition for seizure, the debtor will not be automatically informed. He would usually first learn of the granted leave to seize after attachment or seizure has been levied. Therefore a debtor has the possibility to claim lifting of an attachment in interim injunction proceedings. These proceedings will take place on short notice. In order to lift the attachment it is up to the debtor or “attachee” to prove that the attachment was wrongfully levied. This would be the case if the attaching party has no real claim on the attachee or when the attachment is unnecessary seen the fact that the attachee has otherwise provided security for payment.
Wrongful seizure: liability for damages
If the judge decides that the claim for which the prejudgment seizure was levied does not seem to exist, the attachment was wrongful. The attaching party is liable for all damages the attachee has suffered due to this wrongful seizure. Whether the seizure has actually caused damages is a matter for the judge: the debtor whose house was seized but was still able to live there in the meanwhile, will not likely to be awarded damages (apart from litigation costs).
Lifting a seizure in The Netherlands
The debt collection lawyers of Dutch law firm AMS (Amsterdam) have all gained broad experience in both attachment and seizure procedures as well as in proceedings regarding lifting (wrongful) attachment. If you would like to get more information or advice on this matter, please feel free to contact one of our lawyers.