What is enforcement attachment?

Enforcement attachment is the seizure of a debtor's assets or income after a judge
has issued a judgment. The goal is to actually collect the debt — if necessary, by selling the debtor's assets.

The difference with provisional attachment is the timing. Provisional attachment is levied before or during proceedings — it freezes assets. Executory attachment is levied after a judgment has been won — it actually executes.

If a provisional attachment has previously been levied and you win the proceedings, that provisional attachment becomes executory by operation of law upon service of the judgment. No new proceedings are necessary.

When can you have an enforcement attachment levied?

You can have an enforcement attachment levied as soon as you have an enforceable title. In most cases, this is a court judgment. However, a notarial deed or a report can also serve as an enforceable title.

The judgment must have been declared provisionally enforceable — which is the case in most judgments. This means that you can execute immediately, even if the debtor lodges an appeal. Please note: if you execute while an appeal is pending and the judgment is later set aside, you will be liable for damages.

How does the execution proceed?

The execution proceeds in three steps.

First, the service. The bailiff serves the judgment on the debtor and issues an order in the name of the law to pay within two days. This is the debtor's last chance to pay voluntarily — and in practice, many debtors still pay at this point.

Secondly, seizure. If the debtor does not pay within two days, the bailiff seizes the debtor's assets. Seizure can be levied on all assets: bank accounts, real estate, vehicles, shares, claims against third parties, and household effects.

Thirdly, enforcement. The bailiff sells the seized assets—real estate via a public auction, movable property via foreclosure sale. The proceeds are used to satisfy the claim, including interest and costs.

Which assets can be seized?

Enforcement attachment is possible on virtually all assets of the debtor:

Bank accounts — business and private. The bank blocks the balance up to the required amount and transfers it to the bailiff.

Real estate — home, commercial property, land. In the case of a mortgage, the mortgagee has priority over the proceeds.

Vehicles, machinery, and inventory — movable property is sold via foreclosure auction.

Shares — in companies.

Claims against third parties (third-party attachment) — payments that the debtor himself still has to receive from his own customers or employer are redirected to you.

Wages or benefits — in the case of private debtors, but here an attachment-free amount applies: a minimum amount that the debtor must be able to retain for his livelihood.

What is third-party attachment?

With third-party attachment, you seize claims that the debtor has against a third party — his employer, tenant, or customer. The third party receives an order from the bailiff to no longer pay the amount to the debtor, but to transfer it directly to you.

Third-party attachment is effective if the debtor's bank account is empty but he himself still has income or outstanding claims.

Preservative attachment that becomes executory

If you previously had a provisional attachment imposed and you win the proceedings, you do not need to start new attachment proceedings. The provisional attachment automatically becomes executory as soon as the bailiff has served the judgment. The assets that were already frozen can be recovered immediately.