Foreclosure law

Execution is the enforcement of a judgment or notarial deed by a bailiff. This is how claims are collected. At Blenheim, disputes and proceedings regarding execution form part of the procedural law team, specialists in litigation.

Execution dispute and legal assistance

An individual who has received a judgment in their favour can effect payment of that claim through a bailiff. This is also possible with notarial deeds, if the claim is clearly evident from the deed. The bailiff can then effect an attachment in execution of the debtor’s property, such as real estate, a bank account, inventory, etc. Where a bank is the mortgagee of property, it can also proceed to execution on the basis of the mortgage deed, in situations where the mortgage repayments are overdue. A bailiff can then organise a public auction of the collateral.

Execution dispute and legal assistance

If you want to prevent enforcement by the bailiff; or if enforcement is unlawful, suspension of enforcement can be obtained before a judge in preliminary relief proceedings. The judge in preliminary relief proceedings may do one of the following:

  • suspend the execution – make an order to provide security;
  • remove the attachments;
  • make an order to remedy omitted formalities (bevel tot herstel van verzuimde formaliteiten);
  • make a provision that a third party must cooperate or accept the execution.
Gijs Kuijper

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