How does attachment work in debt collection?

With an attachment, a debtor is forced to pay a debt by having a lien placed on certain assets. It is a highly effective collection tool and is usually employed as a last resort to enforce payment from a debtor.

Obtaining a court judgment

The attachment process begins with obtaining a judgment from a judge. The bailiff proceeds with this judgment. This is called executing the judgment. This includes the possibility of placing an attachment on the debtor's assets. This means the debtor may no longer dispose of these assets, and they are instead used to satisfy the debt to the creditor.

Different types of attachment

To enforce payment from a debtor, attachment can be placed on various assets.

Bank account attachment

A commonly used method of attachment is placing a lien on a debtor's bank account. The reason for this is that it is a relatively fast and simple way to pay a debt. The amount due is transferred directly from the debtor's bank account to the creditor.

This method of attachment can be quite costly and is not always successful. For instance, if the bank account is "empty" at the moment the attachment is placed.

Wage garnishment

With wage garnishment, a portion of the debtor's salary is used to pay off the debt. If the debtor has a steady income, wage garnishment is an effective way to enforce payment. There are, however, a number of rules regarding wage garnishment. For example, the employer must be properly notified in advance, and attachment cannot be placed on the entire income. Thanks to the protected minimum income, the debtor can still retain enough income for basic necessities.

Attachment on assets

Another method of attachment is placing a lien on assets. This involves attaching items such as cars, houses, or other (valuable) possessions. If the debtor does not pay on time, these assets can be sold to satisfy the debt.

Attachment on assets occurs less frequently because it is a quite drastic method of attachment. Moreover, it takes much more time to cover debts this way. Therefore, it is often viewed as a last resort to resolve the debt.

How do I know if placing an attachment is a good idea?

It is not recommended for a company to simply proceed to attachment without consideration. For instance, an attachment is often preceded by an amicable collection process. If this process ultimately remains unsuccessful, judicial steps can be taken.

It is important that a company receives proper guidance and advice regarding the feasibility and consequences of attachment. Incasso.nl, in partnership with Ultimoo Incasso, specializes in these types of processes and can guide companies in following the correct steps in the process.