Pre-Judgment Seizure in Tilburg — Act Fast When Your Claim Is at Risk

Securing your client’s claim before the debtor acts

Pre-judgment seizure (conservatoir beslag) under Articles 700 et seq. of the Dutch Code of Civil Procedure is one of the most powerful tools available to creditors. It allows you to freeze the debtor’s assets before a judgment is obtained, preventing dissipation of wealth during proceedings. For lawyers practising before the District Court of Zeeland-West-Brabant, the preliminary relief judge will grant seizure leave relatively quickly — but only when the petition is supported by concrete information about identifiable assets.

This is where many seizure petitions fall short. If you cannot specify which bank accounts, properties, vehicles, or business interests the debtor holds, the seizure cannot be effectively executed. A seizure investigation provides the asset intelligence needed to make your seizure petition precise, targeted, and effective.

What a seizure investigation covers

The investigation maps the debtor’s asset position systematically:

• Bank relationships: identification of bank accounts where funds may be held, enabling third-party attachment (derdenbeslag) under Article 475 Rv
• Real estate: cadastral research through the Land Registry (Kadaster) to identify owned properties, existing mortgages, and prior attachments
• Vehicles: searches through the RDW vehicle register for registered cars, boats, and other vehicles
• Business interests: analysis of shareholdings, directorships, and equity stakes through the Trade Register and international corporate databases
• Receivables: identification of amounts owed to the debtor by third parties
• Asset protection structures: detecting arrangements designed to place assets beyond reach — intermediate holding companies, foundations, or recent transfers to related parties

The investigation is conducted under the Wpbr with strict adherence to the GDPR. SAJ Recherche holds a POB licence and delivers a report that can be attached directly to the seizure petition.

Speed is critical

In seizure cases, timing is everything. A debtor who suspects legal action may begin moving assets, emptying accounts, or transferring property. The faster you can file a complete seizure petition, the greater the chance of preserving the assets for your client. SAJ Recherche understands this urgency and can deliver preliminary findings within days when the situation demands it.

Practical example from Tilburg

A litigation lawyer in Tilburg was pursuing a claim of EUR 400,000 on behalf of a client against a former business partner. The debtor claimed to have no attachable assets. SAJ Recherche conducted an asset investigation that revealed two commercial properties owned through a foundation, a luxury vehicle registered to a related entity, and active bank relationships at two different institutions. The seizure petition was filed with the preliminary relief judge at the District Court of Zeeland-West-Brabant and granted the same day. The frozen assets provided the leverage needed to negotiate a full settlement within three months.

Effective seizure starts with intelligence

A seizure petition without asset information is like filing a lawsuit without evidence. The investment in a professional asset investigation pays for itself many times over when it prevents a judgment from becoming uncollectable.

Do you need to identify assets for a seizure petition? Get in touch with SAJ Recherche for a confidential consultation.