Seizing, when amicable solutions have been exhausted

Unpaid invoices are a burden for both creditors and debtors. All parties involved would like a quick solution that costs as little as possible. Unfortunately, we don't always come to a solution. If the outstanding claim remains unpaid, a judgment can be obtained by subpoena or a penalty can be served. If no payment follows, the bailiff will seize.

When all amicable options have been exhausted and the claim remains outstanding, attachment can be used as a coercive measure to obtain payment of a claim. After a court ruling or the issuance of a penalty letter, this claim can be claimed. Part of the debtor's income or the sale of the items or home can be used to pay one or more unpaid invoices.

Monopoly task of the bailiff

In Belgium, only the bailiff can seize. It is one of the (legally defined) monopoly tasks peculiar to his ministerial office. Due to his appointment by the King, he has the exclusivity over certain tasks, which he is therefore obliged to perform, when asked to do so.

In order to season, the bailiff needs an enforceable title. He obtains this title by a judgment after a summons or by a court order. For judicial execution, he must comply with a strict deontological framework and a legal rate.

Executive versus custody attachment

An attachment can be protective or executive. In the event of a protective seizure, the seized goods can still be used, but may not be sold or donated. This involves severe penalties. The most common are custody seizures on immovable property (for example your home) or movable property (e.g. furniture).

An executive attachment is similar to a protective attachment, except that the goods that are seized will be sold. The most common forms of executive attachment are the executive attachment of movable property or immovable property and “third party attachment”, the so-called payroll attachment or attachment to your bank account.

What should not be seized?

The bailiff can only size the debtor's property. However, it is not always possible to distinguish between the properties of a resident roommate or partner in the event of a seizure of movable property. To keep these goods, the owner must initiate a “revindication” procedure. It is best to do this with legal help, as it is a costly procedure with little chance of success.

In addition, there are also various so-called “indestructible goods”. These are seen by the legislator as elementary, so they can never be seized, such as:

• garments
• Beds and linens
• Books and school materials
• “Tools” to generate income
• Toys
• Pets
• And so forth

You can find the full overview gentleman.

Finally, it is also not possible to seize if the debtor is in a collective debt settlement.

A seizure can have a profound impact on the debtor's life. However, this is sometimes necessary, as the creditor must also be reimbursed for the goods or services he has provided. When you, as a debtor, receive a writ of execution or judgment, responding is the best option: pay, request a repayment plan, or dispute the claim. The most important thing is that one contact the bailiff, so that an appropriate solution can be found for all parties involved as quickly as possible.