Asset Tracing in Groningen — Avoid Litigating for an Empty Wallet

Know whether your claim is recoverable before you litigate

For lawyers practising before the Court of Noord-Nederland in Groningen, one fundamental question is often overlooked: can the opposing party actually satisfy the claim if you obtain a favourable judgment? A successful procedure that ends with an unenforceable verdict delivers nothing more than a pyrrhic victory with substantial legal costs. Conducting an asset tracing investigation before issuing a writ prevents this scenario and enables you to provide well-informed litigation advice to your client.

In the northern provinces, it is not uncommon for debtors to employ structures designed to place assets beyond the reach of creditors. Property is transferred to family members, business activities are moved to new entities, or wealth is channelled through foundations and holding companies. A thorough asset investigation exposes these structures and provides a realistic picture of the recovery position before you commit your client to costly proceedings.

What does an asset tracing investigation cover?

The investigation maps the complete financial position of the opposing party, enabling you to assess whether litigation is worthwhile or whether an out-of-court settlement may be more productive. A comprehensive asset trace typically includes:

• Real estate: cadastral research into ownership of residential and commercial properties, including mortgage encumbrances and existing attachments
• Business interests: analysis of shareholdings, directorships and equity stakes through the Trade Register (Handelsregister) and international corporate registries
• Vehicles and movable assets: checks through the RDW vehicle register and other sources for registrations linked to the debtor or associated parties
• Banking relationships: identification of bank accounts for potential third-party attachment under Article 475 of the Dutch Code of Civil Procedure (Rv)
• Income and financial position: review of annual accounts, publication obligations and other financial indicators
• Prior attachments and insolvencies: investigation of existing or previous attachments, moratoriums and bankruptcies affecting recoverability
• Asset protection structures: identification of arrangements designed to shield wealth, such as intermediate holding companies, foundations or transfers to third parties

All research is conducted within the legal frameworks of the Wpbr (Private Security and Investigation Services Act) and GDPR. The principle of proportionality requires that the depth of investigation corresponds to the size of the claim.

How SAJ Recherche conducts asset tracing

SAJ Recherche performs asset investigations using a combination of OSINT methods, administrative source research and, where necessary, field investigation. The process begins with an intake meeting to discuss the amount of the claim, known information about the opposing party and the urgency of the matter.

The investigation report provides a structured overview of all identified assets, complete with source references and an assessment of their suitability for attachment. The report is directly usable for your litigation advice and can serve as supporting documentation for a seizure petition before the preliminary relief judge at the Court of Noord-Nederland. Our Wpbr licence and independent working methods guarantee the objectivity and lawfulness of all findings.

Practical example

An Groningen-based collection lawyer was considering proceedings on behalf of a client to recover a claim of EUR 280,000 from a former trading partner. The opposing party claimed to have no recoverable assets whatsoever. SAJ Recherche conducted an asset investigation which revealed that the debtor owned two properties through a foundation and served as director of an active company with substantial turnover. Based on these findings, the writ was issued and prejudgment attachments were simultaneously placed on both properties. Following the court judgment, the full claim was satisfied.

Conclusion

For lawyers in Groningen, an asset tracing investigation is an indispensable step before committing to litigation. It prevents fruitless proceedings and gives your client the assurance that investing in a legal process will actually yield a tangible result.

Want to assess the recovery position of your opposing party before you litigate? Contact SAJ Recherche for a confidential consultation.