Asset Freezing to Secure Payment

If another party has a legitimate claim for payment from you, they can request the seizure of your assets until the courts have ruled on the matter. If the seizure is approved, it means you cannot dispose of the seized assets while the court case is ongoing.

Commonly seized assets include personal property, vehicles, and real estate.

• If the seizure involves real estate or a vehicle, the claimant registers the seizure with the land registry or vehicle registry, respectively, and it takes priority over other claims on the property.

• If the seizure involves personal property, bank accounts are frozen.

Only assets equivalent to the amount of the claim are seized.

Rights of the Person Subject to Seizure

The District Commissioner rules on seizure requests. You can influence which assets are seized by attending the hearing when summoned by the District Commissioner.

By law, items necessary for basic living cannot be seized.

• If bank accounts are frozen, enough funds are always left for basic living expenses according to the guidelines of the debt counsellor or other standards.

• It is permissible to continue living in a seized property.

• It is permissible to use a seized vehicle.

It is possible to sell a seized asset, but the proceeds are usually deposited into an account until the court has ruled on the matter.

You can also request a transfer between assets, but this requires a request for reconsideration.

Process

Summons to Hearing

If the District Commissioner approves a seizure request against you, a process server will deliver the summons to your home and summon you to a meeting with the District Commissioner. The summons can be served to anyone aged 15 or older found at your residence.

You can discuss the matter with the claimant and try to settle the claim. If no settlement is reached, the request is taken up by the District Commissioner.

Hearing at the District Commissioner's Office

Both parties or their representatives attend the hearing. The request is reviewed, and the District Commissioner considers the rights of both parties and listens to arguments for and against the seizure. It is important to attend the hearing to provide information about your assets and influence which assets are seized.

At the hearing, it is decided whether and which assets will be seized. The seizure remains on the assets until the court case concludes.

It is also possible to provide security for the claim in question to prevent the seizure of assets. The District Commissioner holds the amount while the court case is in progress. If you are acquitted of the claim in court, the security is fully refunded.

Emergency Seizure

If the claimant's interests are deemed to be in immediate danger, the District Commissioner can order an immediate seizure without first holding a meeting. In such cases, the District Commissioner, along with the claimant's lawyer, will visit the location and present the claim. If no one is home, the seizure is recorded on-site, and you will receive a letter to that effect.

Reconsideration of Seizure

You can request a reconsideration of the seizure decision if:

• You were not present at the seizure, and it was not permissible to seize the asset that was seized.

• You wish to provide security to lift the seizure on the asset in whole or in part.

• The claimant does not file a confirmation case in court within a week of the seizure.

• You have been acquitted in the court case, or the claim has been dismissed.

Processing Time

The processing of seizure cases usually takes a short time, although it is not possible to specify an exact timeframe.

Compensation Claims

If the court case concludes with the claim being dismissed, you can file a compensation claim against the claimant.