A conservatory attachment has been imposed: what can I do?
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Detailed explanation, checklist and sources
A Dutch conservatory attachment preserves assets pending a ruling. It does not prove that the claim is justified. Promptly assess whether negotiation, a request in the main case or urgent lifting proceedings is appropriate.
On this page
1. Identify the attachment
This concerns Dutch civil conservatory attachment of assets such as bank funds or goods. Distinguish enforcement attachment based on an enforceable title, criminal seizure and protected-income calculations. Read the bailiff’s document and court permission. Permission is not a final judgment on the underlying claim. To seek attachment yourself, collect claim evidence, identified assets and concrete reasons recovery is at risk. A lawyer petitions the interim-relief judge, often without a hearing, though prior hearing may occur for wages or judicial custody. Speed is not guaranteed. After permission the bailiff executes attachment. Track the exact deadline for the main claim: missing it can end attachment. Winning the main claim may lead to enforcement, subject to title, service and conditions. Wrongful attachment can create damages liability; debtor bankruptcy ends attachment rather than being prevented by it. For urgent release proceedings the lawyer arranges draft summons, evidence and hearing; a bailiff serves unless the opponent appears voluntarily under the procedural arrangement. A defendant may defend without a lawyer, but needs one for a counterclaim. Rechtspraak states documents and counterclaim notice must arrive at least24 hours before hearing and be sent simultaneously to the opponent; also follow specific court instructions. Hearings are generally public, usually without witness examination. Absence risks default and costs; seek immediate advice on curing default/opposition. A recorded settlement binds. Judgment is usually within two weeks; appeal generally within four weeks through a lawyer. Check cassation and exceptions separately. Budget court, lawyer and bailiff fees, follow the invoice and explore legal aid or municipal special assistance.
Rechtspraak · Conservatoir beslag ↗
Rechtspraak · Aanvragen en hoofdzaak ↗
2. Collect the documents
Keep the attachment document, application, permission, summons and correspondence. Ask the bailiff or your lawyer for missing documents. Record the dates, court, creditor, amount and assets affected. Have the deadline for starting the main proceedings checked in the permission; do not copy a universal deadline from an example.
3. Explain the impact
List disputed facts and supporting contracts, payments, messages and ownership evidence. Explain which funds or necessary transactions are blocked. If essential living costs are at risk, promptly tell a lawyer and, where needed, municipal debt assistance. Your own protest does not lift the attachment.
4. Choose the right route
Discuss voluntary release or another solution with legal assistance. Lifting can also be requested in the main proceedings. If urgent, interim proceedings are possible before the court where permission was requested. A lawyer is required to bring that lifting case. The court decides; release is not guaranteed.
5. Prepare the proceedings
Your lawyer prepares the request, grounds, evidence and urgency and coordinates the court and bailiff route. Representation requirements in the main case depend on the court and procedure. Check each hearing date and document instruction separately. Seeking release does not replace defending the original claim. Ask about costs and possible legal aid.
6. Check implementation and follow-up
Keep agreements and judgments. Check precisely what must be released and whether the bank or bailiff implements it. Do not assume negotiation, payment or a favourable first judgment automatically ends every attachment; obtain advice on the concrete next steps and appeals. Do not hide or move attached assets to evade the measure.
Must I wait until the entire main case ends?
Not always. Lifting can be sought in the main case or through urgent proceedings with a lawyer. Documents, urgency and competing interests determine the route. An ordinary objection letter does not replace it.
Documents to prepare
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- Attachment document and permission
- Application and main case
- Amount and assets affected
- Evidence supporting your position
- Specific urgency and harm
- Hearing dates and lawyer
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Need personal assistance? Request a lawyer through our chat. We explain the next step; submitting a request does not engage a lawyer. The links below support the legal information.
Rechtspraak · Conservatoir beslag ↗Rechtspraak · Aanvragen en hoofdzaak ↗Rechtspraak · Opheffingskortgeding ↗Rechtspraak · Kosten en rechtsbijstand ↗Sources may be in Dutch. General information about Dutch law, not individual legal advice.