How to obtain a pre-judgment attachment in the Netherlands: step by step

Dutch term: Conservatoir beslag leggen | Legal basis: Articles 700-710 Rv

Obtaining a pre-judgment attachment (conservatoir beslag) in the Netherlands follows these steps: (1) the creditor's advocate drafts a request (verzoekschrift) for leave to attach, specifying the claim, the debtor, and the assets to be attached; (2) the request is filed with the voorzieningenrechter (preliminary relief judge) at the District Court; (3) the judge decides ex parte (without hearing the debtor), typically within 1 to 3 working days; (4) the court grants leave and sets the amount of the attachment; (5) a Dutch bailiff (deurwaarder) serves the attachment on the relevant third parties (banks, customers, the land registry); (6) the assets are frozen; (7) the creditor must initiate substantive proceedings within 14 days to validate the claim.

The threshold for granting leave is relatively light: the creditor must show a plausible claim (summierlijk onderzoek), not proof on the merits. The attachment can target bank accounts at Dutch banks, receivables from third parties, real property, shares in Dutch companies, and movable assets. The debtor is not warned in advance. In practice, many disputes settle within days of the attachment being served.

Why it matters for international businesses

For international creditors with an unpaid Dutch claim, pre-judgment attachment is often the single most effective step. MAAK Advocaten regularly obtains attachments for international clients and can typically have the process underway within 24 hours of instruction.