Attachment proceedings (udlægsforretning)
Also known as levy of execution, enforcement hearing, distraint, udpantning, udlægssag
The attachment proceedings are the part of the bailiff's court hearing where the debtor's assets are actually attached.
Key facts
- Outcome
- Attachment or no assets found
In practice
Once the debtor has disclosed their financial position, the bailiff’s court decides whether there is anything to attach. If there is, the attachment is recorded — in the vehicle register, the land register or the personal property register, depending on the type of asset.
If there is nothing, the proceedings end as an unsuccessful attachment (forgæves udlæg), and the debtor makes a declaration of insolvency.
Where it commonly goes wrong
- Believing the proceedings are over once the attachment is made. The attachment is security. The asset still has to be realised.
- Nobody attends and nobody is sent. The court does not go looking for assets on your behalf — the petitioning creditor points them out.
- You do not ask for the debtor to be examined about their finances. The debtor has a duty to disclose. Unused, the hearing is wasted.