BELGIUM Law and Practice Contributed by: Dominique Blommaert, Jens Benoot, Fryderyk de Peslin Lachert and Lydie Van Muylem, Janson
2.2 Enforcement of Domestic Judgments The BJC contains the legal framework governing con - servatory attachments and executory attachments or enforcement (Article 1386-1675 of the BJC). The procedure and prerequisites for attachments differ depending on the type of attachment that is to be carried out. The judge of attachments ( Juge des saisies/Besla- grechter ), a division of the court of first instance, has jurisdiction over requests and disputes regarding attachments and enforcement. The bailiff ( Huissier de justice/Gerechtsdeurwaarder ) will carry out the attachment. Conservatory Attachments – Executory Attachments Prior to an executory attachment, a conservatory attachment ( saisie conservatoire/bewarend beslag ) may be levied on the debtor’s assets if there is a risk on the part of the debtor that could jeopardise sub - sequent recovery (eg, risk of insolvency, risk of dis - sipating assets). In addition, the creditor’s claim must be certain, definite and due. It is not required to have an enforceable title. An order for conservatory attachment can be obtained by filing an ex parte petition with the judge of attach - ments. However, a conservatory third-party attach - ment can be levied without court leave if the creditor’s claim is confirmed in an authentic deed (eg, an unen - forceable foreign judgment; an arbitral award prior to exequatur) or private documents (eg, undisputed invoices) (Article 1445 of the BJC). Third-party attach - ments are most commonly used to attach a debtor’s bank accounts. To levy an executory attachment, it is necessary to have an enforceable title, such as an enforceable court judgment or a notary deed. In addition, the claim for which an attachment is levied must be certain, definite and due, as is the case for conservatory attachments. Conservatory and executory attachments can further be distinguished according to the object of the attach - ment measure.
Attachment of movable goods A creditor can seize its debtor’s movable assets to obtain payment out of the proceeds of the forced sale of those assets by a bailiff. An executory attachment on movable assets must be preceded by an order for payment ( Commandement de payer/Bevel tot betal- en ), which must be notified by the bailiff at least one day prior to the notification of the attachment. Third-party attachments (saisie-arrêt/beslag onder derden) Third-party attachments allow the creditor to seize sums or assets that a third-party owes to the debtor. Upon service of the attachment by the bailiff to the third party, the latter may no longer dispose of the seized assets or funds to the debtor. The third party is obliged to make a declaration on the amount and nature of its debts towards the debtor within 15 days of the service of the attachment. A failure to do so in compliance with the statutory requirements may lead to a joint liability of the third party for the debtor’s debt towards the creditor. Attachment of immovable property Lastly, it is possible to seize a debtor’s immovable assets (real estate). An executory attachment of immovable property is conducted in different stages – ie, the service of an order for payment, the service of the attachment (no sooner than 15 days after the order for payment), and finally the appointment of a notary who will proceed with the sale of the asset. In case an executory attachment relates to a con - sumer mortgage loan within the scope of Book VII, Title 2, Chapter 2 (“Mortgage Loans”) of the Code of Economic Law, the creditor must summon the debtor in reconciliation proceedings prior to initiating the attachment. 2.3 Costs and Time Taken to Enforce Domestic Judgments Attachment and enforcement proceedings are con - ducted as summary proceedings. Nevertheless, the length of these proceedings may vary, depending on – eg, the nature of the requested measure, the nature of the assets, challenges brought by the defendant, etc.
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