Welcome to Bosveld’s glossary of terms. In our field we regularly encounter legal and financial terms that are not obvious to everyone. In this list you will find the most important terms briefly and clearly explained. So you can quickly look up what a term means and better understand what we do and what is meant in a case or procedure.
Bench hardware
In a bank garnishment, a bailiff on behalf of a creditor attaches all assets currently held at the bank where the debtor banks.
Seizure of real estate
The attachment of real estate is a so-called office attachment. The bailiff makes this attachment at his office and then has it registered at the land register. The attachment is served on the garnishee within 3 days of its registration with the land registry, under penalty of nullity. The mortgagee is also notified within 4 days of registration. When it comes to execution, the costs are paid first, then the mortgagee, and finally the creditor.
Seizure of movable property
A chattel attachment includes an attachment of all movable property of the defendant. Some items are excluded from attachment.
Administrator
A person appointed by the court to report to the court and liaise with creditors. The administrator oversees repayment and can sell possessions. He must be registered and have completed a wsnp administrator training program.
Preservation order
During or prior to litigation, the plaintiff may request permission to temporarily attach assets of the debtor.
Curator
A court-appointed person who manages the assets of another person or legal entity.
Subpoena
An official written summons to appear in court.
Debtor
A debtor.
Third-party attachment
A garnishment involves the attachment of a debtor of the defendant, such as the defendant’s bank.
Subpoena
A written order from a government agency to collect a sum of money.
Plaintiff
The party having the original claim.
Execution Phase
The stage in which the bailiff enforces a judgment if the convict does not pay voluntarily.
Foreclosure
Following a court order, the bailiff can foreclose to force compliance.
Explot
The official act of the bailiff proving that a court document has been handed over.
Bankruptcy
A legal proceeding in which the assets of a person or company are managed by a trustee to pay off debts.
Final discharge
An agreement where part of the debt is paid and the rest is forgiven.
Bailiff
A public official who signifies official documents and executes court orders.
Racked
The debtor in litigation.
Cantonal court
A judge who handles smaller civil cases, such as rent or employment disputes.
Wage garnishment
A wage garnishment involves the attachment of the debtor’s salary or benefits.
Amicable phase
The collection phase before a court order is obtained, focusing on payment arrangements and consultation.
Client
The party ordering the bailiff to handle a case.
Overbill
The official document notifying a debtor of an attachment that has been placed.
Preferential attachment
Authorities such as the Internal Revenue Service have legal priority in cases of seizure.
Minutes
An official record in which an official reports actions or statements.
Court
A judicial body that decides disputes between citizens or organizations.
Appellant
The plaintiff in litigation.
Debt relief
Bodies that support people in resolving debt.
Title
A legal document, such as a judgment or restraining order, by which execution can be enforced.
Redress opportunities
All the ways a bailiff can collect a debt.
Departed unknown whither (VOW)
Situation in which the debtor is no longer registered in the municipal database.
Resistance
A procedure by which a person objects to a judgment or restraining order.
Verdict
A judge’s decision in a lawsuit.
Claim
The amount or right claimed by a plaintiff.
Natural Persons Debt Rescheduling Act (WSNP).
A statutory scheme that helps citizens become debt-free through remediation and counseling for three years.
