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District Court

Removal arrest under the simplified procedure, the important to note that there is a possibility of receiving the order of the Court, which removes the arrest under the simplified procedure for court proceedings. Permission to arrest can be obtained relatively easy, since the debtor may at its option to easily and simply require the removal of arrest under the simplified procedure, the Chairman of a District Court. The President always order the release of arrest, if the debtor provides adequate safeguards, that is, a bank guarantee of first class. The President also will remove the arrest, if after hearing the parties, deems unreasonable demands arrest or redundant. In these cases, The President will determine whether there are requirements, and whether the party whose property is seized, the debtor. However, it should be understood that a simplified procedure litigation, in which The President simply gives its preliminary assessment. To order it should be mentioned that the President may appeal the decision, taking part in a simplified procedure for court proceedings. However, since result of the decision to lift the arrest would be an immediate withdrawal of the arrest, in many cases, appeals are rarely useful, since the decision of the Appeal Court must take several months.

Unreasonable arrest should also be borne in mind that under the law of the Netherlands, a creditor who unreasonably imposes a seizure, be liable for damages and costs. The party whose property had been wrongfully arrested, however, must take reasonable steps to limit losses, for example by requiring the withdrawal of arrest in a simplified procedure for court proceedings. As well she might want to get the warranty. Procedures after the arrest of Note please important detail: the decision to arrest be canceled in accordance with the law, if an order in respect of the claim that is subject to arrest is issued and not presented within the time specified President of the Court (usually it is 14 days).

Thu, November 21 2019 » News