Unpaid invoices, they are a burden for both the creditor as the debtor. All parties involved prefer a quick solution that costs as little as possible. Unfortunately, we do not always come to a solution. If the outstanding claim remains unpaid, a judgment can be obtained by means of a summons or an enforcement order of execution can be served. If no payment is made, the judicial officer will proceed to an attachment.
When we’ve run out of amicable options and the claim remains unpaid, an attachment can be used as a coercive measure to obtain payment of a claim. The debt can be claimed after a court decision or the issuance of an enforcement order. Part of the income or the sale of property or the house of the debtor can be used to pay one or more invoices.
Monopoly task of the judicial officer
In Belgium, only the judicial officer can impose an attachment. It is one of the (legally determined) monopoly tasks specific to his ministerial office. Because of his appointment by the King, he has the exclusivity over certain tasks, which he is therefore obliged to perform when asked to do so.
In order to be able to impose an attachment, the judicial officer needs an enforceable title. He obtains this title by means of a judgment after a summons or by means of an enforcement order. For the judicial execution, he must adhere to strict deontological framework and a statutory rate.
Executory vs conservatory attachment
An attachment can be conservatory or executory. In case of a conservatory attachment, the goods on which the attachment is seized can still be used, but they may not be sold or given away. There are severe penalties associated with this. Most common are a precautionary attachment on immovable property (for example your home) or on movable property (for example furniture).
An executive attachment is similar to a conservatory attachment, with the difference that the goods on which the attachment is seized, will be sold. The most common forms of executory attachment are executive seizure of movable property or immovable property and ‘third-party attachment’, the so-called wage attachment or attachment on your bank account.
Which properties cannot be seized?
The judicial officer can only seize the property of the debtor. However, it is not always possible to make a distinction between the property of a housemate or partner in the case of an attachment of movable property. In order to keep these goods, the owner must start a procedure for recovery. This is best done with legal help, as it is a costly procedure with little chance of success.
In addition, there are also various so-called ‘unattachable goods’. These are seen by the legislator as elemantary, so that they can never be seized, such as:
- Clothes
- Beds and bedding
- Books and school material
- ‘Tools’ to generate income
- Toys
- Pets
- And so on
The complete overview can be found here.
Finally, no attachment can be levied when the debtor is in collective debt settlement.
An attachment can have a profound impact on the debtor’s life. However, this is sometimes necessary, as the creditor must also be compensated for the goods or services he has provided. When you, as a debtor, receive a writ or judgment, responding is the best option: pay, request a payment plan or dispute the claim. The most important thing is to contact the judicial officer, so that an appropriate solution can be found for all parties involved as quickly as possible.