Derdenbeslag
Third-party attachment
Third-party attachment is an enforcement measure whereby a creditor attaches claims or assets of the debtor that are held by a third party, such as a bank or employer.
Third-party attachment is a form of enforcement attachment under Dutch civil procedural law. It enables a creditor to compel payment by attaching assets belonging to the debtor but held by a third party.
This type of attachment is levied by a court bailiff on the basis of an enforceable title and is governed by the Dutch Code of Civil Procedure. The third party, known as the garnishee, may no longer release the funds or goods in question to the debtor but must retain them or remit them to the attaching creditor.
In practice, third-party attachment is frequently used in respect of bank accounts and wage garnishment, as it provides an effective means of recovering claims without requiring the debtor’s cooperation.
“The bailiff levied a third-party attachment against the debtor’s bank to recover the outstanding maintenance claim.”
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