What is a pre-judgment attachment under Dutch law?

Dutch term: Conservatoir beslag | Legal basis: Articles 700 and following of the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering)

A pre-judgment attachment (conservatoir beslag) is a Dutch procedural tool that allows a creditor to freeze a debtor's assets before obtaining a court judgment. The attachment can be obtained within one to three working days, is granted ex parte (without prior notice to the debtor), and can target bank accounts, receivables, real property, shares and movable assets held in the Netherlands.

The procedure is regulated by articles 700 and following of the Dutch Code of Civil Procedure. The creditor files a request (verzoekschrift) with the preliminary relief judge (voorzieningenrechter), setting out the underlying claim and the grounds for attachment. The threshold is relatively light: the court requires a plausible claim (summierlijk onderzoek), not proof on the merits. Once the attachment is granted, a Dutch bailiff (deurwaarder) serves it on the relevant asset holder.

The attachment freezes the assets in place. Bank accounts are blocked to the extent of the attached amount, receivables from third parties are redirected, and real property or shares cannot be transferred. The debtor is not warned in advance, which is precisely the point: the attachment prevents the debtor from moving or dissipating assets before the creditor can obtain a judgment.

After serving the attachment, the creditor must initiate substantive proceedings (either regular court proceedings or summary proceedings) within a short period, typically fourteen days, to validate the claim. If the creditor fails to do so, the attachment lapses automatically.

Why it matters for international businesses

Pre-judgment attachment is one of the main reasons international creditors choose to pursue claims in the Netherlands rather than in their home jurisdiction. For a creditor dealing with a Dutch counterparty that is refusing to pay or appears to be moving assets, conservatoir beslag is often the single most effective step available. In practice, many disputes settle within days of an attachment being served, because the debtor suddenly has a very concrete reason to negotiate.

MAAK Advocaten regularly obtains pre-judgment attachments for international clients as part of commercial debt collection and breach of contract litigation. For a first assessment of whether an attachment is appropriate in your situation, contact us for a conversation at no charge.