Debt recovery and seizure and enforcement law

It is crucial for any company to be able to compel its debtors to honour their commitments, if necessary. Without this ability, agreements and even judgements that are not complied with voluntarily will be a dead letter.

VSA's Business Unit can guide you in choosing the right seizure and enforcement measure in order to safeguard and enforce your rights as well and as efficiently as possible.

It is also important to avoid the situation where proceedings end with the disappointing discovery that the other party is insolvent. The Business Unit can analyse your debtor’s assets at the start of the case, after which the identified assets can be made subject to a conservatory seizure pending a court decision.

We can assist you in particular with:

  • conservatory measures (conservatory seizure, appointment of a receiver, etc.)
  • amicable debt recovery (formal notices to pay, etc.)
  • recovery of undisputed financial debts (IOS procedure) (read also this Opinion & Blog contribution);
  • enforcement measures such as:
    • third-party seizure (garnishment, seizure of bank accounts, seizure of rent and other income, shares, current account receivables, etc.)
    • seizure of real estate (houses, land, etc.) and appointment of a notary with a view to organising a public sale
    • seizure of movable property (furniture, vehicles, etc.)
  • request for account information (here you can read more about the request for account information)
  • proportional distribution and ranking
  • penalty payments
  • judicial deposits
  • judicial orders to ensure the conservation of property that the owner seeks to recover from a third party and seizure of property
  • objections to wrongful seizure or the recovery of wrongly seized goods
  • liability issues with regard to judicial officers and notaries
  • the appointment of a receiver for an unmanaged estate
  • annulment of prejudicial contracts (actio pauliana), simulation, etc.

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