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Asset Freezing and Unfreezing in Netherlands Antilles: A Straightforward Process for Creditors
In the Netherlands Antilles, creditors can seize assets relatively easily if they have a legitimate claim. To do so, they must first obtain permission from the Dutch court to freeze or seize these assets. This approach puts pressure on debtors and ensures that claims are ultimately paid.
Overview of Seizure Procedures
The Netherlands Antilles allows creditors to freeze various types of assets through pre-trial freezing orders or conservatory orders. The legal rules governing seizures vary depending on the type of asset, but the jurisdiction’s procedures are generally quick, inexpensive, and straightforward.
Conditions for Obtaining a Freezing Injunction
To obtain a freezing injunction from a Dutch judge, creditors must meet several general conditions:
- Present a plausible contractual or non-contractual claim
- Provide facts and a summary of their arguments, explaining why the seizure is necessary to secure their claim
- File a written request with the Dutch court by a lawyer within a few days
Application Process
The application includes details identifying the applicant and debtor, as well as the nature of the freezing injunction and relevant legal rules. Creditors must also provide:
- An accurate description of their claim and its legal basis
- Evidence to support their claim (e.g., contracts, default notices, unpaid invoices for contractual claims; notice of liability for non-contractual claims)
- Disclosure of all relevant information about current and past procedures related to the case
Termination of Seizure
The judge who granted the pre-trial conservatory order can terminate the seizure at the request of an interested party if they demonstrate that the claim is insufficiently substantiated or false. The seizure can also be lifted if the creditor secures their claim through collateral, such as a bank guarantee.
Expert Assistance
At [Law Firm], our specialists Henk Brat and Matthijs Steenpoorte are ready to assist you with asset freezing and unfreezing in the Netherlands Antilles. If you have any questions or concerns, please don’t hesitate to contact us.