New attachment syllabus provides policy rules to enable attachment

Last week, the new attachment syllabus was released. The attachment syllabus is a document released under the responsibility of the Landelijk Overleg Vakinhoudelijk Civiel, Kanton and Toezicht of the courts of the Netherlands.

The attachment syllabus sets forth the policy of the courts regarding the requirements that petitions for permission to attach must satisfy. It thus contains, in addition to the legal requirements, the conditions that attachment petitions must meet in order to adequately inform the preliminary injunction judge (hereinafter "the judge"), who must decide on the attachment petition.

This is obviously important because if the petitioner does not provide the judge with sufficient or accurate information, the judge may decide as he or she deems advisable on that basis. Also, the judge may then dismiss a petition. In situations where an attachment must be made, for example, on a house that is for sale or on vehicles or receivables from a debtor's business relations, then great urgency is often required. After all, a (prejudgment) attachment serves to prevent concrete recourse objects from being taken away from the creditor.

Thus, in order to ensure that a creditor does not miss the boat, placing a prejudgment attachment can be of great importance. It is therefore obviously also important to take the judge by the hand, so that he or she actually cannot avoid the request and "must" grant it.

The attachment syllabus thus reflects how courts intend to deal with the judicial discretion that exists here and there. To ensure that as many equal cases as possible are treated equally, the attachment syllabus has been shaped. However, this does not mean that the attachment syllabus can bind the court. When the circumstances demand it, the court may decide differently from what is suggested in the attachment syllabus. Nevertheless, it is important for the requesting creditor to follow the attachment syllabus as much as possible to minimize the risk of not obtaining the requested attachment.

Do you have a (large) unpaid debt that you fear you may have to write off because it is uncollectible? Don't make that decision too quickly! It can be useful to spend an hour or so sparring with a lawyer who knows a lot about debt collection and recovery, the possibilities of garnishment and other means of recovery, even, for example, from a party other than the original debtor, such as, for example, through an action based on directors' liability. My door is always open. Need to spar over lunch? The hour meter does not immediately start running with every lawyer!