Prejudgment attachment in the Netherlands

Published on 4 June 2025 · Last updated 4 November 2026

A prejudgment attachment in the Netherlands is a court-authorised freeze of a debtor’s assets before judgment, in Dutch conservatoir beslag. A foreign creditor needs leave from the preliminary relief judge, on a petition signed by a Dutch lawyer (Articles 700 and 278(3) Dutch Code of Civil Procedure). As a Dutch lawyer at MAAK Advocaten in Amsterdam, I prepare these petitions for foreign companies with an unpaid Dutch customer.

An unpaid invoice from a Dutch customer is frustrating enough. It gets worse when you fear that the bank balance, the stock or the property will be gone by the time a court rules. A prejudgment attachment keeps those assets in place, and in my experience it often brings the debtor to the table. It is one of the main debt collection procedures in the Netherlands. This page explains when you can attach assets in the Netherlands as a foreign creditor, what it takes, what it costs in terms of risk and when you need a Dutch litigation lawyer.

What is a prejudgment attachment in the Netherlands?

A prejudgment attachment is a provisional measure: it freezes the debtor’s assets while the claim itself is still undecided. The debtor loses free control of the attached assets, but the creditor cannot sell them or collect them yet.

Normally a creditor can only take a debtor’s assets with an enforceable title (executoriale titel), such as a judgment, which a bailiff (deurwaarder) enforces. The attachment bridges the time until that title exists. Once you obtain an enforceable judgment in the main proceedings and serve it on the debtor, and on the bank or other third party where relevant, the prejudgment attachment automatically becomes an enforcement attachment (Article 704(1) DCCP).

In English the measure goes by several names: prejudgment attachment, pre-judgment attachment, conservatory attachment, preliminary attachment or, when it concerns a bank account, garnishment in the Netherlands. They all describe the same Dutch instrument. For an overview of all types of attachment and of enforcement after judgment, see our page on garnishment and attachment in the Netherlands.

Can a foreign creditor attach assets in the Netherlands?

Yes. A foreign creditor can attach assets in the Netherlands, even if the claim itself belongs before a court in another EU Member State. The Dutch court may grant the protective measures available under Dutch law in that case too (Article 35 Regulation (EU) No 1215/2012).

The competent judge is the preliminary relief judge of the district court where the assets are located. For assets that are not goods, such as a bank balance, it is the court where the debtor or the bank has its domicile (Article 700(1) DCCP). If the debtor is not domiciled in an EU Member State, a Dutch attachment can also give the Dutch court jurisdiction over the claim itself: if there is no other way to obtain an enforceable title in the Netherlands, the main claim can be brought before the court that granted leave. For a third-party attachment, such as on a bank account, this only applies if the petition expressly describes the asset (Article 767 DCCP). Against a debtor domiciled in another EU Member State this ground cannot be used (Articles 5 and 6 Regulation (EU) No 1215/2012); a Dutch debtor can always be sued in the Netherlands (Article 4).

Which assets can you attach before judgment?

You can attach almost any asset of value that the debtor owns in the Netherlands. The most effective target is usually the debtor’s bank account, because no fear of dissipation has to be shown for it.

• Bank balances and other claims the debtor has on third parties, such as receivables from its own customers (third-party attachment, Article 718 DCCP).
• Movable goods such as stock, machinery and vehicles (Article 711 DCCP).
• Registered shares in a Dutch company (Article 714 DCCP).
• Real estate (Article 725 DCCP).
• Ships, for which the Rotterdam court also has jurisdiction (Article 728 DCCP).
• Goods you are entitled to receive, for example as owner under a retention of title (attachment for delivery, Article 730 DCCP).
• Less obvious assets, such as a block of IP addresses; see attaching IP addresses in the Netherlands.

For movable goods, bearer and order rights, registered shares and real estate, the creditor must show a well-founded fear that the debtor will dispose of them (gegronde vrees voor verduistering, Articles 711(1), 714 and 725 DCCP). That requirement does not apply to a bank account or to a ship (Article 728(1) DCCP), nor to any asset if the debtor has no known domicile in the Netherlands (Article 765 DCCP).

How do you obtain a prejudgment attachment, step by step?

You obtain a prejudgment attachment by filing a petition for leave, having a bailiff levy the attachment and then starting the main proceedings within the period the judge sets. In practice it runs in five steps.

1. Map the assets. Find out where the debtor banks, what it owns and who owes it money. An attachment on an empty account achieves nothing.
2. Draft the petition. It states the type of attachment, the claim and its amount or, if not yet fixed, the maximum amount (Article 700(2) DCCP). It sets out the facts and evidence. You must present all relevant facts fully and truthfully, including facts that favour the debtor (Article 21 DCCP).
3. File through a Dutch lawyer. The petition must be signed by an advocaat (Article 278(3) DCCP); a lawyer from another EU or EEA state can only act together with a lawyer registered in the Netherlands (Article 16e Dutch Lawyers Act).
4. The judge decides. The preliminary relief judge (voorzieningenrechter) decides after a summary review, usually without hearing the debtor, and fixes the amount for which leave is granted, including costs (Article 700(2) DCCP). The judge may require security for possible damage, often a bank guarantee (Article 701 DCCP).
5. The bailiff levies the attachment. With the leave in hand, a Dutch bailiff serves the attachment on the debtor or on the bank or other third party.
6. Start the main proceedings in time. Unless they are already pending, you must start them within the period set by the judge, at least eight days after the attachment. The judge can extend that period if you ask before it expires; for an attachment of a bank account, other receivables or registered shares, the extension only takes effect if the bank, other third party or company is notified in writing within eight days after the original deadline. Miss a deadline and the attachment lapses (Article 700(3) DCCP).

Which claim you bring in the main proceedings matters more than many creditors expect. A claim for a declaration alone may not give you an enforceable title; see which claim to bring after a pre-judgment attachment.

Is your Dutch debtor stalling while you fear the money will disappear? Send me the invoices, the correspondence and what you know about the debtor’s bank and assets. I will tell you whether an attachment is feasible and which assets to target first.

How quickly can a prejudgment attachment be in place?

A prejudgment attachment is usually much faster than a judgment, because the judge normally decides on the petition alone, without hearing the debtor. That ex parte decision is what preserves the element of surprise.

There are two exceptions. Before granting leave to attach wages or other periodic payments, the judge must give the debtor the opportunity to be heard (Article 720 DCCP). For an order placing goods in judicial custody, the debtor is heard unless special circumstances require an immediate order (Article 709(3) DCCP). The speed of the whole process depends mostly on the preparation: a complete petition with clear evidence leaves the judge fewer questions to ask.

What risks does the creditor run?

The main risk is liability for the debtor’s damage. A creditor who attaches assets for a claim that later turns out to be entirely unfounded must compensate the debtor, even if the creditor acted in good faith.

The Supreme Court confirmed this strict liability as settled case law in HR 15 July 2022, ECLI:NL:HR:2022:1110. The same judgment held that this liability does not extend to goods of a third party that the bailiff took without being covered by the leave. If the claim is rejected and that rejection becomes final, the attachment lapses by operation of law (Article 704(2) DCCP).

Two other limits matter for planning. If the debtor is declared bankrupt, all attachments lapse and the debtor’s assets fall into the bankruptcy estate (Article 33(2) Dutch Bankruptcy Act). And an attachment gives no priority over other creditors: the net proceeds are shared in proportion to each claim, unless a creditor has a ground for priority recognised by law, such as a right of pledge, a mortgage or a statutory preference (Articles 3:277(1) and 3:278(1) Dutch Civil Code). That is why I weigh the merits of the claim and the debtor’s solvency before I advise a client to attach.

How can the debtor lift a prejudgment attachment?

The debtor cannot appeal against the leave itself, but can ask the preliminary relief judge in summary proceedings (kort geding) to lift the attachment. Any other interested party can do the same (Articles 700(2) and 705(1) DCCP).

The judge lifts the attachment, among other grounds, if mandatory formalities were not observed, if it is summarily evident that the claim is unfounded or that the attachment is unnecessary, or, for a money claim, if sufficient security is provided (Article 705(2) DCCP). For a creditor, an offer of a bank guarantee is often a good outcome: the claim is then secured without the debtor’s business being blocked. How the attachment looks from the debtor’s side is explained on our page about a seized bank account in the Netherlands.

Who pays the costs of a prejudgment attachment?

The creditor advances the costs of the petition, the court fee and the bailiff. Those costs can be claimed back from the debtor, in the main proceedings or separately, unless the attachment was void, unnecessary or unlawful (Article 706 DCCP).

The amount for which leave is granted includes the costs the debtor may be ordered to pay (Article 700(2) DCCP), so the attachment also secures those costs. Court fees and bailiff charges change periodically; I give clients a cost estimate for their specific case before we file.

When is a European Account Preservation Order the better route?

The European Account Preservation Order (EAPO) is an EU procedure that freezes funds in a bank account in another Member State. It is an alternative to national measures such as the Dutch prejudgment attachment (Article 1(2) Regulation (EU) No 655/2014).

The EAPO covers only pecuniary claims in civil and commercial matters in cross-border cases (Article 2(1)). It is only open to creditors domiciled in an EU Member State (Article 4(6)); a creditor from outside the EU, for example from the United Kingdom or the United States, can only use the Dutch prejudgment attachment. A case is cross-border if the account is held in a Member State other than that of the court seised or that of the creditor’s domicile (Article 3(1)). The order is available before and during proceedings on the merits, and after a judgment (Article 5). Before judgment, the creditor must show an urgent need for the order because of a real risk that enforcement will be impeded or made substantially more difficult (Article 7(1)), and that the claim is likely to succeed (Article 7(2)). The Dutch attachment asks for no fear of dissipation on a bank account and also reaches goods, shares and real estate. For an EU creditor with a Dutch debtor and Dutch assets, the national route is therefore usually the more practical one.

What does this look like in practice?

Take a hypothetical case. A Belgian supplier of packaging materials has delivered to a Dutch wholesaler for years. Several invoices remain unpaid, the wholesaler stops responding, and the supplier hears that the business is being transferred to a new company.

The supplier’s Dutch lawyer files a petition for a third-party attachment on the wholesaler’s bank accounts. Unlike for goods, no fear of dissipation is required for that (Articles 711(1) and 718 DCCP). After leave is granted, the bailiff serves the attachment on the banks, and the balances up to the authorised amount are frozen. At the same time, the lawyer prepares the claim for the main proceedings, so the deadline under Article 700(3) DCCP is met. In my experience, a debtor faced with blocked accounts will often offer a bank guarantee or a payment plan. The attachment then does its job without a full trial.

When do you need a Dutch lawyer for a prejudgment attachment?

You need a Dutch lawyer from the very first step, because the petition for leave must be signed by an advocaat (Article 278(3) DCCP). A collection agency cannot file it, and a foreign lawyer needs a lawyer registered in the Netherlands to do so.

The real reasons go further. The petition must be complete and truthful (Article 21 DCCP), the deadline for the main proceedings is strict (Article 700(3) DCCP) and a weak attachment exposes you to a claim for damages. My advice to foreign creditors is simple: contact a Dutch lawyer as soon as you suspect the debtor is moving assets, not after the money is gone.

How does MAAK Advocaten handle a prejudgment attachment?

We work in a fixed order, so that the attachment is fast and also holds up if the debtor challenges it.

1. Assessment. We review the claim, the evidence and the debtor’s known assets, and tell you whether attachment makes commercial sense.
2. Petition. We draft and file the petition with the competent district court and stay in contact with the bailiff.
3. Follow-up. We start the main proceedings within the deadline, in first instance and, where needed, on appeal, and defend the attachment in any summary proceedings to lift it.
4. Settlement. We use the attachment to negotiate payment or security, because a paid claim is the goal, not a long procedure.

We work in English with clients abroad, and documents can be shared and reviewed remotely.

Frequently asked questions about prejudgment attachment in the Netherlands

Do you need a court order for a prejudgment attachment in the Netherlands?

Yes. A prejudgment attachment requires leave from the preliminary relief judge of the district court where the assets are located or, for other assets, where the debtor or the third party has its domicile (Article 700(1) Dutch Code of Civil Procedure). A Dutch lawyer must sign the petition (Article 278(3)).

Does the creditor have to prove that the debtor will hide assets?

Only for some assets. For movable goods, bearer and order rights, registered shares and real estate, the creditor must show a well-founded fear of dissipation (Articles 711(1), 714 and 725 Dutch Code of Civil Procedure). That requirement does not apply to an attachment of a bank account or of a ship, nor if the debtor has no known domicile in the Netherlands (Article 765 Dutch Code of Civil Procedure).

How long does the creditor have to start proceedings on the merits?

The judge sets the period in the leave, and it is at least eight days after the attachment. The judge can extend it on a request made before it expires; for a third-party attachment the bank must then also be notified of the extension in writing within eight days. If the creditor misses the deadline, the prejudgment attachment lapses (Article 700(3) Dutch Code of Civil Procedure).

Is the creditor liable if the claim is rejected?

Yes, in any event if the claim turns out to be entirely unfounded. Under settled Dutch case law, the creditor must then compensate the damage caused by the attachment, even without fault (Supreme Court 15 July 2022, ECLI:NL:HR:2022:1110). The attachment lapses once the rejection is final (Article 704(2) Dutch Code of Civil Procedure).

When should a foreign creditor contact a Dutch lawyer?

As soon as a Dutch debtor stops paying and there are signs that assets may disappear. The petition must be filed by a Dutch lawyer, and timing often decides whether there is anything left to attach. MAAK Advocaten in Amsterdam assesses such cases for foreign creditors and files the petition where it makes sense.

Primary sources

• Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering): Articles 21, 278, 700, 701, 704, 705, 706, 709, 711, 714, 718, 720, 725, 728, 730, 765 and 767
• Dutch Civil Code (Burgerlijk Wetboek) Book 3: Articles 3:277 and 3:278
• Dutch Lawyers Act (Advocatenwet): Article 16e
• Dutch Bankruptcy Act (Faillissementswet): Article 33
• Regulation (EU) No 655/2014 (European Account Preservation Order), Articles 1, 2, 3, 4, 5 and 7
• Regulation (EU) No 1215/2012 (Brussels I bis), Articles 4, 5, 6 and 35
• Supreme Court (Hoge Raad) 15 July 2022, ECLI:NL:HR:2022:1110

Do you have an unpaid claim against a Dutch company and are you worried its assets will be gone before a court rules? Send me the invoices and correspondence, and I will tell you whether a prejudgment attachment in the Netherlands is the right step.