What is a precautionary attachment?

Preservative attachment is a legal instrument to temporarily freeze a debtor's assets before a judge has made a ruling. The goal is to guarantee that funds remain available to satisfy your claim if you win the proceedings.

Without a provisional attachment, you run the risk that a debtor moves, sells, or
siphons off their assets during the proceedings. If that happens, you might win the case — but you will still be left empty-
handed. A provisional attachment prevents that.

Preservative attachment can only be levied by a lawyer, who requests permission from the preliminary relief judge for this purpose. In urgent cases, this can be arranged within 24 hours.

When is provisional attachment advisable?

Precautionary attachment is advisable if you have indications that a debtor threatens to move or reduce their assets. Consider a debtor who wants to transfer or close down their business, puts real estate up for sale, drains their bank accounts, or shows other signs of impending bankruptcy.

Even when a debtor persistently refuses to pay and legal proceedings are necessary, provisional attachment is an effective means of pressure. As soon as the bank account or business premises are frozen, the pressure to make a payment is significantly greater.

Which assets can be seized?

Preservative attachment may be levied on all assets of the debtor, including:

– home, land and commercial property
– private and business bank accounts
– car, ship and aircraft
– shares
– leasehold rights and apartment ownership rights
– household effects and inventory
– future claims of the debtor
against his own customers (third-party attachment)

With third-party attachment, you seize amounts that the debtor is still owed by his own customers. Even if the debtor's bank account is empty, third-party attachment can be effective.

Precautionary attachment of income, pension, and social assistance is only possible in exceptional situations, after the judge has given the debtor the opportunity to be heard.

How does the procedure work?

MKBjuristen engages a specialized lawyer who submits an attachment request to the preliminary relief judge on your behalf. Since January 2025, this must be done digitally via Mijn Rechtspraak. The request substantiates the claim that exists, why attachment is necessary, and on which assets attachment is requested.

The judge conducts a summary review — there is no in-depth investigation. In most cases, permission is granted.
Subsequently, the bailiff arranges for the actual seizure within 24 hours.

After a provisional attachment has been levied, you must initiate substantive proceedings—the main case—within a period set by the judge. If you win the main case, the provisional attachment automatically converts into an executory attachment, and you can have the assets sold to satisfy your claim.

When is a provisional attachment lifted?

Preservative attachment is lifted if the debtor pays, if the time limit for initiating
the main proceedings has expired without you having started proceedings, or if the judge lifts the attachment at the
request of the debtor.

A debtor can also have the attachment lifted by providing a bank guarantee — security of equal value that replaces the attachment. We assist parties with both the lifting of attachments and conducting
the defense in the main proceedings.

How much does a provisional attachment cost?

The costs of provisional attachment consist of the lawyer's fees for the attachment request, court fees
, and the bailiff's costs. In the event of a winning procedure, these costs are in most cases
recovered from the debtor.

MKBjuristen coordinates the entire process — from assessing whether attachment is worthwhile to engaging the lawyer and the follow-up after the attachment.