Changes to Requirements for Attachment in Attachment
Syllabus 2011
Last summer, in June 2011, the conditions set on applications
for attachment have been tightened in favor of debtors. This
tightening has helped to bring the Netherlands back in line with
the international community. The conditions for a prejudgment
attachment may be consulted online in the attachment syllabus
(see www.rechtspraak.nl). In brief, the changes
imply that both the claim of the creditor and the defense of the
debtor require an even better substantiation, if necessary with
exhibits. The creditor must state the reasons why the attachment is
necessary, and why he chose to attach the goods mentioned in the
application for attachment rather than a less onerous object of
attachment (e.g. the attachment of an immovable property rather
than a prejudgment garnishment against an account holder of a
bank). Furthermore, the term of attachment is fixed at 14 days, and
the option of extending this term
