Executoriaal beslag

Executory attachment differs from conservatory attachment in that it may only be levied after an enforceable title has been obtained. The bailiff attaches the debtor’s assets or receivables, following which such assets may in principle be sold or collected to satisfy the creditor.

This form of attachment is relevant because it provides the creditor with an effective means of enforcement to recover its claim without voluntary payment by the debtor. It prevents the debtor from dissipating its assets once the title has become final and unappealable.

In practice, executory attachment is regularly levied on bank accounts, wages or immovable property. The bailiff must adhere strictly to the statutory requirements, including service of the writ and observance of exempt amounts.