When you believe you are owed something by someone, you can have their property or part of it seized. Attachment is carried out by a bailiff. To do this, the court is first asked whether an attachment may be made. The resulting seizure is called conservatory seizure.
Prejudgment attachment does not yet give the right to sell the assets. It does, however, ensure that the owner can no longer sell free of attachments, so that a buyer also faces the attachment. In the case of a subsequently established mortgage, the attachment takes precedence.
To eventually be able to sell the attached property, an enforcement title will have to be obtained. This can be done by starting court proceedings, in which you have to prove that your claim exists and is due. If the court agrees with you, the attachment will turn into an enforceable title. Then you can have the property seized sold publicly.
If you have a claim on someone or lend money to someone, you can also have this recorded in a notarial deed. If you do so and someone does not pay, you can proceed to sell the assets without the intervention of the court. The notarial deed then forms the enforceable title. This saves costs and saves time.
For more information on attachment and recording a claim in a notarial deed, please contact us. We will be happy to advise you.
