Lifting an attachment (opheffing van beslag) means that a court ends a prejudgment attachment on your assets. Under article 705 of the Dutch Code of Civil Procedure (Rv), the interim relief judge (voorzieningenrechter) can order this in summary proceedings, without waiting for the outcome of the main case.
Table of contents
On what grounds can an attachment be lifted?
Article 705 Rv names the main grounds. The court lifts the attachment if:
- it appears summarily that the claim relied on is unfounded;
- the attachment is unnecessary, for example because there is no real risk of assets disappearing;
- sufficient security has been provided for a money claim, such as a bank guarantee;
- procedural formalities were not observed.
How do you request it?
You start preliminary relief proceedings (kort geding) under article 254 Rv against the attaching party. The court weighs both parties’ interests. The judge in the main proceedings can also lift the attachment. In practice, offering security is often the fastest route to releasing frozen bank accounts or goods.
When does an attachment lapse automatically?
Under article 700 Rv the attaching party must start the main proceedings within the term set by the court, at least 14 days after the attachment. If it does not, the attachment lapses by operation of law. It also ends if the claim is rejected in the main case.
Frequently asked questions
Can I claim damages for a wrongful attachment?
Yes. If the claim later proves unfounded, the attaching party may be liable for the damage the attachment caused.
Does lifting end the dispute?
No. The underlying claim can still be decided in the main proceedings.
Related terms
Our civil law team can act quickly when an attachment blocks your business. Want to know what this means for your situation? Book a free introductory meeting.
