What is the foreclosure process?

The foreclosure process is the phase in which you go from a judgment to actual payment. Whereas amicable collection is all about reminding and persuading, this phase is all about enforcement with the help of a bailiff.

You usually end up here after you have gone through legal proceedings and the judge has ruled in your favor. That verdict is not the end point, but the starting point of a new course: the execution of the verdict.

At Credifin, we direct the entire process for you. The actual attachment and issuance of writs of execution are always a legal task of the bailiff. We act as your legal director and file manager: we investigate the possibilities of recovery, determine the strategy together with you, and direct the bailiff to execute the execution carefully and according to the law.

The basics: no execution without a writ of execution

In order for a bailiff to actually make an attachment, you need an enforceable title. Without this official document, you have no coercive power as a creditor; it forms the legal basis by which the bailiff may seize and infringe on the debtor's property rights.

The most common foreclosure titles are:

  • Court Judgment You won the lawsuit and the judge determined that the debtor must pay.
  • Restraining order Often used by government agencies, for example, the Internal Revenue Service.
  • Notarized Deed An acknowledgment of debt officially recorded at the notary.

Don't have a judgment yet, but have a hard claim? Then you first look at the collection process and, if necessary, a subpoena through the courts. Only then can you start the foreclosure process.

Step by step: here's how forced collection works

The law prescribes exactly the order in which a bailiff must act. This gives you security and protects the debtor's rights. At every step, Credifin directs the process; the bailiff performs the legal actions such as serving the judgment and levying an attachment.

Step 1 Bailiff serves judgment and orders payment

The bailiff visits the debtor to officially serve the judgment. That writ contains a clear order to pay within two days. This is the last chance to pay voluntarily and without garnishment.

Step 2 Investigate redress options

While the 48 hours run, Credifin works with the bailiff to investigate where redress is possible. Consider:

  • One's own home or other real estate
  • Income from wages or benefits
  • Bank accounts with Dutch banks
  • Business assets such as stock or inventory

To do this, we use official records, among other things, always within the legal framework.

Step 3 Seizure: from paper to payment

Is there still no payment after the deadline? Then the bailiff starts the actual execution. Income, bank accounts or other assets are seized, depending on what is most effective in your situation.

Ranking and distribution of proceeds

If it comes to a public sale of goods or property, such as a car or home, the proceeds are distributed according to a fixed legal ranking. This is especially important if there are multiple creditors.

The proceeds are broadly distributed like this:

  • Execution costs First, the costs of the bailiff, auction and other execution costs are paid.
  • Preferential creditors Next come parties with legal priority rights, such as the Tax Office or the UWV.
  • Concurrent creditors Finally, other creditors come into play. These usually include ordinary business claims.

At Credifin, we look at this ranking in advance. We assess whether a foreclosure sale makes sense in your case, so that you do not incur unnecessary expenses while the proceeds may go entirely to preferential creditors.

Does the debtor still have rights?

Although the foreclosure process is coercive, the debtor always retains rights. If your debtor feels that the seizure was unjustified or too heavy, he can ask the court to intervene. For example, by opposing the execution or submitting a request to (partially) lift the attachment.

Because we at Credifin work carefully and make every case legally sound, we reduce the likelihood of such adversary proceedings succeeding. At the same time, we take into account the limits of the law and the debtor's situation. This is fairer and increases the chances that your claim will eventually be paid.

What resources can the bailiff use?

In the foreclosure process, the bailiff can combine different types of attachments. Together we choose the route that gives you the greatest chance of payment, without unnecessary costs.

Bank attachment (garnishment of accounts)

Bank attachment is often the fastest way to secure money. The bailiff attaches to the bank where the debtor has his account. The balance is frozen and transferred to you after a legal deadline (if there is no objection).

Want to know exactly what can be covered by bank repossession? Then read about what is and is not covered by bank repossession.

Wage garnishment (attachment of income)

If the debtor has a job or benefits, the bailiff can garnish wages. The employer or benefit agency then transfers part of the income directly each month. The debtor is always left with the attachment-free foot to live on.

Seizure of contents, car or stock

For persistent defaulters, the bailiff can seize movable property such as a car, expensive household effects or company stock. In extreme cases, these goods are sold publicly to satisfy (part of) your claim.

Seizure of home or commercial property

If the claim is larger and the debtor has his own home or business premises, then an attachment may be placed on real estate. This attachment is registered in the Land Registry. The debtor cannot then simply sell or refinance the property without first settling with you.

The penalty additional pressure when ordered to pay or act

Not every judgment revolves solely around a sum of money. Sometimes the court orders your debtor to do something or stop doing something. Think about vacating premises or returning company property.

If your debtor does not comply with that order, he automatically forfeits the penalties imposed per day or per violation. You can have those accrued amounts collected through the same enforcement process as if it were an ordinary monetary claim. This creates extra pressure so that your debtor is more likely to comply with the judgment.

Unsure about the next step?

Do you have a judgment but aren't sure if a foreclosure proceeding is wise right now? We are happy to think with you.

We'll walk through your situation together and give you an honest picture of the opportunities, risks and costs. That way, you can decide what to do with peace of mind.

Schedule a no-obligation consultation

Prefer to spar directly? Call us, and we'll look at your options together.

What if the debtor really has nothing?

It is a misunderstanding that a foreclosure process fails if money is not found immediately. According to Article 3:324 BW, a court judgment remains valid for execution for twenty years. That means we can try to collect the claim for two decades.

Does the debtor's financial situation change in five or ten years? Then we can order a new garnishment based on the same judgment.

Cost, interest and what you ultimately receive

In the foreclosure process, costs and interest play a big role. Of course, you want to know what will come in to you at the bottom line.

Key components are:

  • Principal The original invoice amount or the claim from the judgment
  • Statutory interest The interest over the period you were late in paying. You can read more about this in our article on statutory interest in 2026.
  • Collection costs The extra costs you are allowed to pass on to your customer in many cases. You can check them in advance with our collection fee calculator tool.

Bailiff costs and, for example, court fees may be recovered (in part) from the debtor. In practice, the final outcome depends on the possibilities of recovery. We always think critically about whether follow-up steps make financial sense in your case.

The security of Wki certification and trust account

A foreclosure process requires maximum care. Since the introduction of the Quality of Collection Services Act (Wki), you need to be sure that you are working with a licensed and supervised agency.

Credifin has a Justis license (registration 00023) and thus meets all government requirements. This means, among other things:

  • Your funds are safely managed through an official trustee foundation
  • We work according to the latest legal standards of 2026
  • You have 24/7 online access to your records and payments

In addition, we keep communication with your client human. Even in the execution process, we remain clear and respectful. This is how you guard your reputation, while still acting decisively.

The risks: Prevent wrongful foreclosure

The foreclosure process is a powerful tool, but you must use it with extreme care. Wrongful foreclosure can occur if an attachment is made based on a judgment that is later overturned on appeal, or if it turns out that there is an attachment on property that does not belong to your debtor.

In such cases, you as a creditor may be liable for damages. Of course, you want to keep that risk as small as possible.

At Credifin, we minimize this risk by thoroughly reviewing your file in advance. We look at the recovery possibilities and at the legal tenability of the judgment and the attachment. We also make sure that the execution remains proportional, so that you are not confronted afterwards with claims when you wanted to obtain your rights.

Turn your judgment back into cash

A judgment is only really worth something if it is also collected. Credifin ensures that you don't get stuck with a nice piece of paper, but that you actually monetize your right.

Together we look at which steps make sense in your situation. Sometimes a sharp last letter of collection is enough, sometimes a full enforcement process is necessary with attachment of income, bank account or assets. You stay in control, we handle the execution.

Want to spar about your judgment or ongoing dispute? Feel free to contact us. Together we will determine whether an execution process is the right step, and how to use it as effectively and carefully as possible.

Do you have a judgment and want to move on now?

Is your right already established, but payment is not forthcoming? Send us your judgment and we will immediately see what execution steps are possible, together with our regular bailiffs.

You will quickly receive a concrete proposal, including estimates of costs, opportunities and turnaround time.