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. This allows you to 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 attachment, a judicial officer (bailiff) places an attachment on behalf of a creditor on all funds currently present at the bank where the customer holds an account.
Seizure of real estate
Attachment of a house or other real estate usually takes place from the bailiff's office. This is called an office-based attachment. The bailiff then registers the attachment with the Land Registry. Within 3 days of this registration, the bailiff must officially notify the person whose property is being attached. If this is not done on time, the attachment is not valid. The mortgage provider is also notified within 4 days. If the house or property is eventually sold, the costs are paid first. Then the mortgage provider is paid. Whatever remains goes to the creditor.
Seizure of movable property
Seizure of goods means that an attachment is placed on all belongings of the person with debts. These are movable items, such as furniture or a car. Not all items may be taken. Some things are protected and are not subject to seizure.
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 a court case, the claiming party can request permission to place a temporary attachment on the customer's assets.
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. At Bosveld, we refer to them as a customer.
Third-party attachment
In a third-party attachment, an attachment is placed with a person or organization that pays money to the person with debts. For example, a bank.
Subpoena
This is a letter from a government agency requesting the payment of a sum of money.
Plaintiff
The party having the original claim.
Execution Phase
This is the phase in which the bailiff ensures that a court ruling is carried out if someone does not pay voluntarily.
Foreclosure
After a court ruling, the bailiff can place an attachment to ensure that the rules are complied with.
Explot
This is an official document from the bailiff. It states that an important legal document has been delivered.
Bankruptcy
This is a legal procedure in which the money and assets of a person or company are managed by a trustee to pay off debts.
Final discharge
This is an agreement where part of the debt is paid. The remainder of the debt then no longer needs to be paid.
Bailiff
This is an official who delivers legal documents and ensures that court rulings are carried out.
Racked
The customer (debtor) in a procedure.
Cantonal court
A judge who handles smaller civil cases, such as rent or employment disputes.
Wage garnishment
In a wage garnishment, an attachment is placed on the salary or benefits of the customer (debtor).
Amicable phase
This is the phase before a court ruling has been made. In this phase, attempts are made to jointly create a payment plan and make agreements.
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
This is an official document in which an official records what has been done or said.
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
This is an official document, such as a court ruling, with which payment or execution can be enforced.
Redress opportunities
All the ways in which 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).
This is a statutory scheme that helps people become debt-free. During this scheme, they receive guidance and pay off their debts, usually over three years.
