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Garnishment (beslag) is the seizure of a debtor’s assets by a court bailiff to secure or collect a claim. A creditor with an enforceable title, such as a judgment, can garnish wages, bank balances and other claims held by a third party (Articles 430 and 475 Dutch Code of Civil Procedure). Before judgment, a conservatory attachment requires the court’s leave (Article 700).
Our Dutch lawyers assist creditors and debtors with garnishment proceedings in the Netherlands. Below we explain the main types of attachment, the protected amount for wages and bank accounts, and how a garnishment can be challenged.
How do attachment and execution work in the Netherlands?
Litigation encompasses both the rules governing legal proceedings and those pertaining to the enforcement of court judgments. Without proper execution, a judgment remains merely a piece of paper. In civil cases, only a bailiff (gerechtsdeurwaarder) is authorized to carry out forced execution.
The bailiff needs the enforceable copy of the judgment, the grosse. It must be headed “In naam van de Koning” (In the name of the King) (Article 430(2) DCCP). In practice it also bears the words “uitgegeven voor grosse” (issued as an enforceable copy) and the clerk’s signature. The grosse must first be served on the debtor (Article 430(3)). Only then can the bailiff start the arrest of assets in the Netherlands. Observe the deadlines and formalities carefully: many of them apply on pain of nullity (for example Article 475(1)), although the court can order missed formalities to be remedied during enforcement (Article 438(3)).
Which types of attachment exist?
Dutch law distinguishes between a conservatory attachment (conservatoir beslag), which secures assets before the creditor has an enforceable title, and an executory attachment (executoriaal beslag), which is based on such a title. Both can be aimed at recovery of a sum of money or at delivery of goods. Special forms exist for evidence and for community property of spouses.
What is a conservatory (prejudgment) attachment?
A conservatory attachment secures assets while the claim is still being decided. It requires leave from the preliminary relief judge (voorzieningenrechter) of the district court (Article 700(1) DCCP). The request is filed by a lawyer (Article 278(3)). A risk that the debtor will dispose of assets is not a general requirement, but it is required for some types of attachment (see below).
Unless the main action is already pending, the creditor must start it within the period set by the judge, which is at least eight days after the attachment; otherwise the attachment lapses (Article 700(3) DCCP). A conservatory attachment prevents the debtor from disposing of the attached assets, but the creditor does not yet receive anything. It becomes an executory attachment once the creditor obtains an enforceable title in the main action that has become enforceable, and serves it on the debtor and, for an attachment under a third party, also on that third party (Article 704(1)). If the claim is rejected, the creditor is, under Dutch case law, in principle liable for the damage caused by the attachment. The debtor can ask the judge in summary proceedings to lift the attachment, for example if the claim or the need for the attachment summarily appears unfounded, or if sufficient security is provided, such as a bank guarantee (Article 705(2)).
When is there a risk of assets being dissipated?
Certain garnishments in the Netherlands require a “gegronde vrees voor verduistering” (well-founded fear of dissipation): specific indications that the debtor intends to dispose of the assets. This applies to a conservatory attachment of movable goods that are not registered property and of bearer or order rights (Article 711(1) DCCP), to an attachment of community property of spouses (Article 768(3)) and to an attachment of evidence (Article 205(2)(d)).
What is an executory attachment?
Garnishment is classified as executorial when you possess a court judgment granting your claim. It commonly involves the payment of a sum of money but can also pertain to the delivery of an item or the transfer of goods.
An executory attachment can also be based on an enforceable copy of a Dutch notarial (authentic) deed, or on another document that the law designates as an enforceable title (Article 430(1) DCCP). An example is a government enforcement order (dwangbevel) (Article 4:116 General Administrative Law Act).
How does an attachment for recovery work?
An attachment for recovery is used to obtain money. Attached movable goods are sold in public by the bailiff, also possibly via an online auction (Article 463(1)-(2) DCCP). Immovable property is sold before a notary (Article 514(1)), and so are registered ships, unless a foreign seagoing ship is sold by the court (Articles 570(1) and 575).
If there is no other attaching creditor and no known holder of a limited right, the bailiff pays the net proceeds to the creditor up to the amount of the claim and pays any surplus to the debtor. If there are other creditors or right holders, the bailiff deposits the net proceeds and they are distributed among those entitled (Article 480(1)-(2) DCCP).
How does third-party attachment work?
A third-party attachment (derdenbeslag) is made under a third party who owes the debtor money, such as a bank, an employer or a benefits agency. It also covers claims the debtor will acquire directly from a legal relationship that already exists at the time of the attachment, such as future salary under an existing employment contract (Article 475(1) DCCP). For periodic payments such as wages and benefits, the attachment is only valid for the part above the protected amount (beslagvrije voet) (Article 475b(1)).
The protected amount is calculated with a statutory formula based on 95% of the social assistance standard, with corrections related to healthcare and housing allowances, and is subject to a statutory maximum (Article 475da(1)-(2) DCCP). For a natural person, an attachment of money held with a bank is only valid insofar as it exceeds, during a month, the amounts in Article 475da(1) (Article 475a(5)). Because the attachment covers future payments under the existing relationship, a wage garnishment continues to apply to later salary payments until the claim, interest and costs have been paid.
The third party (garnishee) must declare what it owes the debtor two weeks after the attachment, or after four weeks if the debtor asks for this in writing within two weeks (Article 476a(1)). It must then pay the amounts due to the bailiff (Article 477(1)). A payment made to the debtor in breach of the attachment cannot be invoked against the creditor, unless the third party did what could reasonably be expected to prevent it (Article 475h(1)).
How do you attach goods for delivery or surrender?
If a judgment orders the surrender of movable goods that are not registered property, the bailiff takes the goods and hands them to the person entitled to them (Article 491(2) DCCP). Before judgment, anyone entitled to delivery or surrender of a good can attach it conservatorily to protect that right (Article 730).
Delivery of other goods, such as registered property, is enforced through other means, for example a court ruling that has the same effect as a deed the other party refused to sign (Article 3:300 Dutch Civil Code). This is known as “reële executie” (specific enforcement).
What is an attachment of community property?
Spouses and registered partners (also former ones) who are or were married or registered in a community of property can ask the preliminary relief judge for leave to attach community assets, so that they are not dissipated before the division (Article 768(1) DCCP). Leave is only granted if there is a well-founded fear of dissipation (Article 768(3)). The main action is the request for dissolution of the community, divorce, legal separation or dissolution of the registered partnership (Article 769(1)).
Can an attachment give a Dutch court jurisdiction over a foreign debtor?
Sometimes. If there is no other way to obtain an enforceable title in the Netherlands, the main claim can be brought before the district court whose preliminary relief judge granted leave for the attachment. For an attachment under a third party, this only applies if the attached asset was expressly described in the request (Article 767 DCCP). This does not apply where a European regulation or treaty provides otherwise.
How does evidentiary attachment work?
In certain cases, a garnishment in the Netherlands can be placed on the evidence held by the opposing party. This evidence can include computer files, documents, samples, photographs, or other items.
Leave is granted by the preliminary relief judge, who checks summarily whether the applicant has a right to inspection of the data (Article 194(1) DCCP) and whether there is no ground for refusal (Article 196(2)). The request must show a well-founded fear that the evidence will be dissipated or lost (Article 205(1)-(2)). If no proceedings are pending yet, the main action must be started within the period set by the judge (Article 205(4)). The attachment only preserves the evidence; inspection or copies require a separate decision on the right under Article 194.
Which assets can be attached?
Dutch law governs the attachment concerning the following objects:
- movable goods that are not registered property (Articles 439 and 711 DCCP)
- immovable property (Article 502)
- registered vessels and aircraft
- claims and assets held by third parties, such as bank balances, wages and benefits (Articles 475 and 718)
- registered shares in a BV or NV (Article 474c), other securities, and bearer or order rights (Article 474a)
- insurance benefits, as claims on the insurer; periodic benefits under life, disability or accident insurance carry a protected amount (Article 475c(1)(f))
Not everything can be attached. Claims and goods that the law exempts from attachment are excluded (Article 475a(1) DCCP), and periodic income such as wages and benefits can only be attached above the protected amount (Article 475b(1)).
Frequently asked questions about garnishment in the Netherlands
What does garnishment mean under Dutch law?
Garnishment (beslag) is the seizure of assets by a court bailiff to secure or collect a claim. A garnishment of money owed by a third party, such as wages or a bank balance, is called derdenbeslag (Article 475 Dutch Code of Civil Procedure). It is conservatory before judgment and executory once the creditor has an enforceable title.
How does wage garnishment work in the Netherlands?
The bailiff attaches the salary under the employer. The attachment covers future salary under the existing employment contract, but only the part above the protected amount (beslagvrije voet) (Articles 475(1) and 475b(1) DCCP). The protected amount is based on 95% of the social assistance standard, with corrections and a statutory maximum (Article 475da). The employer declares what it owes and pays the attachable part to the bailiff (Articles 476a and 477).
Do you need a court order to garnish wages or a bank account?
Not necessarily a court order, but you do need an enforceable title, such as a judgment, a notarial deed or a government enforcement order (Article 430(1) DCCP; Article 4:116 General Administrative Law Act). Before judgment, the creditor needs leave from the preliminary relief judge, requested by a lawyer (Articles 700 and 278(3) DCCP). Leave for a conservatory attachment of wages or benefits is only granted after the debtor has been heard or given the opportunity to be heard (Article 720).
How much of a bank account can be garnished in the Netherlands?
There is no protected amount for a company’s bank balance. For a natural person, an attachment of money held with a bank is only valid insofar as it exceeds, during a month, the amounts in Article 475da(1) DCCP (Article 475a(5)). If the debtor has no residential address in the Netherlands and no fixed residence abroad, only half of those amounts is protected (Article 475a(6)).
How can a debtor challenge a garnishment?
A conservatory attachment can be lifted in summary proceedings, for example if the claim or the need for the attachment summarily appears unfounded, or if sufficient security is provided (Article 705(2) DCCP). Disputes about an executory attachment go to the court that has jurisdiction under Article 438, which can also, in summary proceedings, suspend the enforcement or lift attachments (Article 438(3)).
Primary sources
- Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering): Articles 194, 196, 205, 278, 430, 438, 439, 463, 474a, 474c, 475, 475a, 475b, 475c, 475da, 475h, 476a, 477, 480, 491, 502, 514, 570, 575, 700, 704, 705, 711, 718, 720, 730, 767, 768 and 769
- Dutch Civil Code: Article 3:300
- General Administrative Law Act (Algemene wet bestuursrecht): Article 4:116
Do you have questions about a garnishment in the Netherlands, as a creditor or as a debtor? MAAK Advocaten can assess your position and the next steps. Contact us to discuss your situation.
