UPDATE: 12th of November 2020
In the fight against Covid-19, the federal government once again proclaimed more stringent measures on 30/10/2020. Just like during the first lockdown, these measures have an impact on the operation of bailiffs.
Fortunately, this time the measures imposed are much less stringent than they were in March 2020. As long as the lockdown is not extended, there will not even be an impact on cases submitted after 30 October. In fact, it is still possible for our bailiffs to deliver a demand for payment to your client. If there is no response, the bailiff can also still hand over the judgment obtained to enforce payment.
What is no longer possible?
Due to the measures imposed, it is currently no longer possible to use far-reaching, coercive means to enforce payment from your customer. One of these means of coercion is a visit by the court bailiff, who enters the debtor's premises to seize their assets. In addition, the current situation does not allow the organization of a public sale of assets that have been attached. Fortunately, such far-reaching measures are only necessary for exceptional circumstances.
A few exceptions to the ban on attachment
Nonetheless, there are a few exceptions to the ban on the seizure of a debtor. There is, in fact, a prohibition on such a seizure. If there are goods outside the debtor's premises, an attachment can still be carried out. Think, for example, of the seizure of a vehicle. The condition for this is, of course, that the vehicle must be present at the time of seizure.
In addition, it is sometimes still possible to seize a debtor who has several creditors. This situation arises, for example, when another creditor was already seized before the lockdown. The judicial officer then uses the attachment that has already been levied as a means of coercion for a new creditor. Since there is no need for a new attachment, the judicial officer can continue with the process during the lockdown. This procedure is nothing new. Bailiffs always use an attachment that has already been placed because it saves costs.
In the meantime, do you have any questions or would you like more information? Do not hesitate to contact us via firstname.lastname@example.org or via +32 9 396 34 00.