Prejudgment attachment for a business claim: what can you secure?

23 September 2026

Arslan Advocaten

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Prejudgment attachment for a business claim: what can you secure?

A prejudgment attachment (conservatoir beslag) can secure recovery options while there is not yet a final ruling on your business claim. It does not give you immediate payment and does not prove that you are right. In principle, the attachment requires leave from the preliminary relief judge (voorzieningenrechter); a bailiff carries out the attachment.

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Written by Onur Arslan, attorney at Arslan Advocaten. Registered in the specialisation register of the Netherlands Bar for employment law and personal injury. Last updated: 17 September 2026.

For entrepreneurs, this remedy can be relevant when there are specific concerns that assets available for recovery will disappear. Think of the sale of assets, accounts being emptied or an imminent relocation of business activities. However, an attachment can also cause considerable damage. An incorrect or unnecessary attachment can lead to it being lifted, to costs and to liability.

This article covers the main features of prejudgment attachment for business monetary claims in the Netherlands. Attachment for the purpose of surrender, attachment of evidence, foreign attachment and attachment of special assets are subject to additional rules. Have the chosen object of attachment and the procedure assessed separately.

What is the difference from an enforcement attachment?

A prejudgment attachment has a protective function. You want to prevent a judgment obtained later from being worthless in practice. No enforceable title is required yet to request leave, but your claim must be sufficiently substantiated.

An enforcement attachment (executoriaal beslag) serves to enforce an enforceable title, such as a judgment. Under the statutory rules, it may ultimately lead to collection or a sale. A prejudgment attachment can, subject to conditions, turn into an enforcement attachment once a suitable title has been obtained and the required formalities have been completed.

Leave to attach is therefore not a ruling that the full debt exists. The other party can dispute the claim in the main proceedings and also ask for the attachment to be lifted. Keep both tracks separate in your planning and cost estimate.

When can an attachment make sense?

An attachment can be considered where there is a sufficiently substantiated claim and a genuine interest in securing recovery. That interest must be made specific. Payment arrears alone do not show what assets exist or why an attachment in particular is appropriate.

First investigate the contracting party, the principal sum, whether the claim is due, known defences and any security. A dispute over work delivered is different from an acknowledged loan that is not being repaid. The court must be able to assess the relevant facts, including the facts that make your position less strong.

Compare attachment with alternatives such as a bank guarantee, a deposit, a payment arrangement or fast proceedings on the claim itself. A very far-reaching attachment while sufficient other security exists may be harder to justify. The remedy must be proportionate to the interest you want to protect.

Which assets can be attached?

Depending on the situation, an attachment can be levied on bank balances, receivables from third parties, movable property, immovable property or shares. Each category has its own formalities and practical limitations. Not every asset is freely available or of sufficient value.

A bank attachment affects whatever the bank holds at the relevant time under the applicable rules. It is not an unlimited freeze on all future income. An attachment of a receivable from a customer of the debtor, in turn, requires knowledge of that relationship and of the position of that third party.

Attachments by other creditors, rights of pledge and mortgages can also limit the expected proceeds. Business premises with a large mortgage may offer much less recovery than the market value suggests. So have the economic value of the object of attachment investigated.

An attachment usually gives no priority

An attaching creditor does not automatically gain priority over all other creditors merely through the attachment. Existing security rights and statutory preferential rights may take precedence. In a bankruptcy, moreover, the position changes fundamentally and ordinary attachments in principle lapse under the bankruptcy rules.

That is why “first to attach, first to be paid” is not a reliable general rule. An attachment can preserve recovery, but it does not automatically create a right of pledge or a guarantee of proceeds. Where there are several creditors, distribution and ranking can form a separate process.

Ask in advance about the likely net proceeds and the costs. An attachment of an expensive machine that belongs to a leasing company may offer no recovery against your debtor. Ownership and limited property rights are therefore essential preliminary questions.

Which documents does your lawyer need?

A request for attachment starts with a clear file. Provide the agreement, terms and conditions, invoices, evidence of performance and relevant correspondence. Add an overview of payments, interest and costs, with a verifiable calculation.

Also pass on all known defences. Has the other party reported defects, invoked set-off, offered a settlement or already started proceedings? That information cannot be left out because it is unfavourable. The duty to tell the truth and to be complete is particularly important in a request made without prior argument from the other side.

In addition, specify which assets or third parties are being considered for attachment and where that information comes from. Only use lawfully obtained data. A suspicion that someone has an account somewhere is something different from reliable information about a usable object of attachment.

Leave from the preliminary relief judge

A lawyer usually files a petition with the competent preliminary relief judge. Article 700 of the Dutch Code of Civil Procedure (Rv) is an important basis. The request describes the claim, its legal basis, the object of attachment and the relevant circumstances. The judge may ask additional questions, attach conditions or refuse the request.

In certain cases, a request can be dealt with quickly, but there is no general guarantee that every attachment will be granted within a few hours. The type of attachment, the completeness of the file and the procedural requirements are decisive. Some forms of attachment are also subject to special rules on hearing the other party.

With many prejudgment attachments, the other party is not heard beforehand. That makes a complete request all the more important. Do not present the absence of a prior defence as an advantage that allows you to tell the court only your own side of the story.

The bailiff levies the attachment

Once leave has been granted, the attachment must be carried out in accordance with the applicable formalities. This is done by a bailiff, not by your own employees. The method of service, description and notification differs for each type of attachment.

Agree in advance who will coordinate the enforcement and which details must be available. An incorrect address, the wrong legal name or an unclear description can cause delays and additional costs. Also check whether the leave can still be used for the intended attachment.

Your company may not itself block bank access, remove goods or force the debtor’s customers to pay you. Leave to attach only confers the powers that can be exercised through proper enforcement under the law and the leave.

The main proceedings must follow in time

If main proceedings are not yet pending, the judge will usually set a period within which they must be brought. Article 700(3) of the Dutch Code of Civil Procedure provides that this period is at least eight days after the attachment. The specific period is stated in the leave and must be monitored strictly.

If you fail to bring the main proceedings in time, the attachment may lapse by operation of law. A payment reminder or continued negotiations do not replace the required procedural step. An extension must be requested in time and in accordance with the applicable rules.

Have it assessed before the request which main proceedings are needed. An arbitration clause, a foreign court or a special procedure may have an impact. Applying for an attachment without a workable follow-up plan can result in unnecessary costs and risks.

What does a prejudgment attachment cost?

The costs may consist of legal work, court fees, bailiff’s fees, investigations and, where applicable, storage or other forms of enforcement. On top of that come the costs of the main proceedings and possible interim relief proceedings to have the attachment lifted. Ask, therefore, for an estimate per stage.

An award of costs obtained later does not necessarily cover all actual expenses. The attaching party may also become liable for damage caused by a wrongful attachment. That risk is part of the decision, alongside the expected proceeds of the claim.

Litigation funding or insurance can sometimes play a role, but only under the agreed conditions. There is no general guarantee that an attachment or the subsequent proceedings will proceed without costs or risk for the entrepreneur.

When can an attachment be lifted?

Article 705 of the Dutch Code of Civil Procedure mentions, among other things, formal defects, a summary finding that the claim is unfounded, the attachment being unnecessary and, for monetary claims, sufficient security. In addition, a balancing of interests plays an important role in the assessment.

A dismissal of the claim at an earlier stage may be relevant, but the precise consequences for the attachment depend on the procedural situation. A mere dispute also does not mean that every attachment must disappear immediately. The court looks at the plausibility of the claim and the interests involved.

A bank guarantee or deposit can be grounds for lifting the attachment. The security must, however, be sufficient and appropriate. Negotiate the amount, the duration and the conditions, so that a temporary solution does not later turn out to be worthless.

What if your own company is affected?

Immediately request the bailiff’s writ of attachment and the leave. Note which account or goods are affected, for what amount and on the basis of which claim. Gather your defence and evidence of payments already made, complaints or set-off.

Specify which business activities are threatened by the attachment. Think of wage payments, suppliers, necessary maintenance costs and current orders. This may be relevant to negotiations on a restriction or to proceedings to have the attachment lifted. A general statement that the situation is “unworkable” helps less than a substantiated overview.

Do not siphon off assets or dispose of attached objects yourself to evade the measure. Discuss with a lawyer which payments, arrangements or security are legally possible. A measured response protects your position better than improvising under pressure.

Fictitious example of a proportionate choice

A supplier has a substantiated claim of €40,000 against a private limited company (bv). He hears that commercial premises are being sold, but does not yet know how large the mortgage on them is. At the same time, the bv offers a bank guarantee for the disputed principal sum and reasonable ancillary items.

The supplier has both the claim and the proposed guarantee assessed. An attachment of the premises may yield little if the surplus value is small, whereas an appropriate guarantee can provide sufficient security. If the guarantee contains significant gaps, further negotiations or an attachment may still come into view.

The example shows that the heaviest remedy does not automatically offer the best recovery. The quality of the security, the costs and the continuity of the other party must be assessed together. There is no standard outcome without the documents.

Also prepare for the scenario of losing

Discuss what happens if your claim is dismissed or the attachment turns out to be wrongful. The damage may consist of financing costs, business interruption or other demonstrable consequences. The precise liability depends on the circumstances and the legal assessment.

Leave that was initially granted does not rule out liability. When dealing with the request, the judge has often not yet heard full argument from both parties. That makes a critical assessment beforehand essential, precisely when the attachment can exert a great deal of pressure.

Also document new information after the attachment has been levied. If payment is received, security is provided or the legal basis falls away, the measure must be reassessed. Do not let an attachment continue for longer or more broadly than is justified.

Which next step suits your claim?

In the case of ordinary payment arrears, the step-by-step plan for business debt collection may be appropriate first. In the case of a substantive dispute about the invoice, the defence must be examined. Where there is a specific fear of losing recovery options, an urgent assessment of an attachment may be necessary.

Through corporate law for entrepreneurs, you can have your claim, your interest in an attachment and the alternatives assessed. In addition to the contract documents, above all send specific information about the assets and the urgency. Also mention any existing proceedings, security and known defences.

A decision memo for an attachment

Before applying, have a short decision memo drawn up setting out the claim, known defences, the likely object of attachment and the specific interest. Add a cost estimate and an alternative. This also makes the choice explainable internally to fellow directors or a financier.

Describe what you know and what is still uncertain. For example, you may know that the debtor owns premises, but not how much mortgage debt is secured on them. Or you may know an important customer, but not whether that customer currently owes money to the debtor. These uncertainties partly determine the practical value of an attachment.

Include a scenario in which the attachment hits nothing. Are the costs incurred still justified in that case, and do you have sufficient resources for the main proceedings? An application for attachment must not be assessed solely on the expected pressure on the other party. The aim is a defensible protection of recovery.

Also record who will respond immediately if the other party offers security or asks for the attachment to be lifted. The lawyer, the finance department and the director must have the same up-to-date figures. A partial payment received in the meantime must be taken into account in the assessment, so that the attachment does not remain unnecessarily broad.

Communication with third parties after an attachment

A third party in whose hands an attachment has been levied, such as a bank or a customer of the debtor, has its own statutory position. Do not approach that third party with additional demands that fall outside the attachment. Let procedural questions go through the bailiff or lawyer.

Nor should you make the dispute public to increase the pressure. Public accusations can create a separate conflict and do not automatically add anything to your recovery position. Limit information to those who need it for enforcement or decision-making.

If a settlement is reached, the lifting or restriction of the attachment must be correctly carried out and confirmed. An email between the parties does not mean that the bank will release the account immediately. Coordinate the formalities, payment and release carefully.

Frequently asked questions

Will a prejudgment attachment get me my money straight away?

No. The attachment in principle preserves recovery options. Actual collection usually requires an enforceable title and further enforcement. The other party can dispute the claim and ask for the attachment to be lifted.

Do I always need a lawyer?

In principle, a lawyer is required for the request for a prejudgment attachment. Enforcement is carried out by a bailiff. Additional rules may apply to special procedures or forms of attachment. Have the correct route determined in advance.

Do I have to warn the debtor in advance?

This is not mandatory for every attachment and can affect its protective purpose. At the same time, procedural rules and a full duty of disclosure towards the court apply. Let your lawyer decide which notification or prior step is needed in your situation.

Do I get priority over other creditors?

Not through the attachment alone. Rights of pledge, mortgages and statutory preferential rights may take precedence. A separate regime applies in a bankruptcy. Investigate, therefore, the actual recovery value and ranking before you incur costs.

Can a bank guarantee replace the attachment?

Sufficient security may be grounds for lifting the attachment or may make an attachment unnecessary. The content is decisive: amount, term, conditions and enforceability must match the claim. A non-binding promise is not the same thing.

What if I start the main proceedings too late?

The attachment may then lapse by operation of law. Monitor the specific period set in the leave and have any extension requested in time. Negotiations or a payment reminder do not replace the required procedural step.