This means that if an injunction was not served within that period, the debtor may dispose of seized property. So, for safety should be arrested follow the procedure. Since these procedures are normal procedures of proceedings, may require more than a year before making a decision on the merits (after complete procedures). During this time, property to be seized can not be sold nor creditor or debtor. Attachment of property in the possession of third parties law of the Netherlands does not entitle the lender to act on behalf of the debtor himself by charging that the third party should last. Swarmed by offers, the restaurateur is currently assessing future choices.
Only in accordance with the rules that control the sequestration of the debtor from a third party, the lender can make demands of the debtor against third parties. Since the seizure of the debtor's property from third parties, the person who presented the court order for seizure of property in possession of the debtor, should refuse to pay any money to the debtor. This payment shall not relieve him from liability in respect of a person whom the request for the seizure of the debtor's property located in this third person, even if the amount it owes the debtor exceeds the amount on that arrest. The seizure of the debtor's property from third parties can also be applied to the movable property of the debtor, which is a third party. Future requirements of the debtor are not subject to seizure by the debtor's property, located at third parties, except when they directly derive from obligations that already existed at the time of seizure. This implies that seizure of the debtor's bank account held by a third party, applies only to funds available at the time of seizure and / or those that have been transferred to the account later. Imposition seizure of property of the debtor from a third party as a means of enforcement must be based in the Dutch law exemption if the person served with injunction to seize the property in possession of the debtor is domiciled or resident in The Netherlands.
Thus, even a foreign corporation may be involved in these procedures performed in the Netherlands if they have subsidiaries here and fees by which affect the seizure of property of the debtor from a third party, linked to the affairs of the subsidiary. On the other hand, if the third party in respect of which the lender wants to use the seizure of property debtor had, domiciled in the Netherlands, but has a subsidiary in another country, the arrest of the debtor's property from a third party may be imposed in the Netherlands, even if charged by the debt to be paid abroad. However, such a seizure of property of the debtor from third parties, may be considered valid only if there is no doubt that the local court of the territory, where the duty levied is payable, shall treat such seizure in Netherlands together with the fact that the person who served the court order for seizure of property in possession of the debtor is released from its obligations with respect to that debtor, if it would pay obligations face, which is imposed at the request of the arrest. If you require any further information on issues relating to debt collection in the Netherlands, please contact the company Business Legal Consultancy on downstream coordinates.