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The Corona pandemic and the subsequent measures – despite the breathing space that many entrepreneurs have been given recently – place great pressure on the liquidity of companies. This means that invoices are not always being paid within the agreed payment term.

Attachment

By means of a protective attachment on the debtor’s assets, it is ensured that, after a court has rendered a judgment, a debtor offers redress for the claim. A common example is the attachment of a debtor’s bank account. The courts also keep their doors open during the Corona pandemic for urgent attachment issues.

Balancing of interests in Corona times

Protective attachment is a drastic means. This should not be used lightly. The preliminary relief judge who handles a request for attachment will take the current pandemic and the (economic) consequences thereof into account in the assessment.

Deferral of payment does not necessarily mean cancellation however, especially in the current Corona times. After lifting the current measures, it is quite possible that a debtor will generate sufficient turnover to pay the outstanding invoices. Just imagine consumers catching up on delayed activities, such as a hairdresser visits or a dinner. Renegotiating the payment and delivery conditions is then preferable to taking protective measures.

Seizure of unknown person’s assets

However, this is not always fair to entrepreneurs who are duped by the consequences of the Corona pandemic. Unfortunately, we see that the current pressure on the food supply worldwide is being abused by malicious parties. Delivery of food and hygiene items is promised, but after the deposit has been received, delivery is not forthcoming. It will not surprise the reader that the identity of the recipient of the down payment subsequently turns out to be unknown.

Provisional courts do not appear to be insensitive to this situation. Recently, our office convinced the preliminary relief judge to grant an injured client attachment to seize, even though the identity of the fraudster was unknown.

Questions?

Would you like to be informed about the possibility of taking protective measures during this Corona period? Or do you have other Corona crisis-related questions? Please do not hesitate to contact the Corona crisis advisory team of Valegis Advocaten.

We strive for completeness in our reporting but cannot guarantee this because developments follow each other at a rapid pace. The Dutch government regularly comes up with additions to or improvements of (new) regulations. As a result, our reports may be outdated at the time you read them. That is why we mention the date and time of posting with each message.

Angela Schwegler

Angela Schwegler

Angela studeerde cum laude af aan de Vrije Universiteit in Amsterdam en is sinds 2016 advocaat. Zij heeft zich bij een middelgroot advocatenkantoor in Amsterdam gespecialiseerd binnen het ondernemingsrecht in brede zin.