Kiri

Dear Sir/Madam,

My name is Imke Lodewijk, and I am involved in the preparations for the symposium of the Royal Professional Organisation of Judicial Officers of the Netherlands (KBvG), which will take place in 2026 in the Netherlands.

In this context, I am conducting an inventory of the various possibilities for attachment and enforcement measures in different countries. We are particularly interested in the procedures and methods applied within your legal system for imposing attachments, for example regarding movable and immovable property, bank accounts, or third-party garnishments. We would also like to learn more about the information possibilities in your country – for instance, are judicial officers allowed to directly access the balance of a debtor’s bank account?

To illustrate the Dutch practice:

• In the Netherlands, judicial officers can impose attachments on bank accounts held at certain institutions through a digital system. This is executed via an automated network, not by email or manual requests.

• To my knowledge, in Belgium it is still possible at some banks to serve an attachment order by email.

• Furthermore, Article 57 of the Dutch Code of Civil Procedure (Rv) in the Netherlands provides that a judicial officer, when serving a writ, acts both on behalf of the claimant (creditor) and towards the defendant (debtor). The judicial officer is also required to send a copy of the writ to the Public Prosecution Service (OM). This ensures governmental oversight and safeguards the independence of the process. The Public Prosecution Service will then make efforts to notify the defendant of the served documents.

We would greatly appreciate it if you could inform us about the possibilities for attachment and enforcement measures in your legal system, and whether there are specific features or recent developments that might be relevant to discuss at our symposium. Any documents, references to legislation, or practical experiences would, of course, also be most welcome.

Thank you in advance for your cooperation. Your input will make a valuable contribution to an international overview of enforcement practices, which will be presented during the symposium.

Kind regards,

Imke Lodewijk

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