Bailiff seizure in Belgium: enforcing a judgment or defending yourself

A judgment that is never enforced is a victory on paper only. A bailiff seizure in Belgium turns your title into money: the bailiff (gerechtsdeurwaarder / huissier de justice) can seize wages, bank accounts, movable property or real estate. It is often the final step in recovering unpaid invoices.

On the other side of the table sits the debtor, who is not without rights: certain assets and income are protected, and an irregular seizure can be challenged before the attachment judge (beslagrechter / juge des saisies). We act for creditors and for debtors. This article explains how a seizure works, what is protected and which defences are available.

First, an enforceable title

An enforcement seizure can only be made on the basis of an enforceable title (Article 1494 of the Judicial Code, Gerechtelijk Wetboek / Code judiciaire). Examples include a judgment, a record of non-contestation declared enforceable under the procedure for uncontested debts, or a notarial deed. A judgment must first be served on the debtor by a bailiff.

If you do not yet have a title but the debtor is likely to put assets out of reach, a protective attachment (bewarend beslag / saisie conservatoire) can freeze them in the meantime. A protective attachment makes the assets unavailable, but does not yet lead to a sale or a payment.

Bailiff seizure in Belgium: the enforcement routes

Seizure of movable property

The bailiff first serves a formal demand for payment (bevel tot betalen / commandement de payer), often together with the judgment. At the earliest one day later, the bailiff may seize the debtor’s movable property (Article 1499), such as furniture, vehicles or trading stock. After a waiting period of at least one month, the goods can be sold at public auction (Article 1520). In practice, the threat of a sale often leads to payment or a payment plan.

Third-party attachment

Often the most efficient route: the bailiff attaches money owed to the debtor by a third party, such as the debtor’s employer, bank or tenant (Article 1539). The garnishee must declare what it owes the debtor. It must then pay the attachable portion directly to the creditor, within the statutory limits. A garnishee that fails to make its declaration may be declared liable by the attachment judge, in whole or in part, for the debt underlying the seizure.

Seizure of real estate

For larger claims, a house or other real estate can be seized. The attachment judge then appoints a notary, who organises the public sale. It is a heavy, lengthy and costly procedure that must be carefully weighed.

The central register of attachment notices

Seizures are recorded in the central register of attachment notices (centraal bestand van berichten van beslag / fichier central des avis de saisie), managed by the National Chamber of Bailiffs. Other creditors and bailiffs therefore know that a seizure is already under way. Where there are several creditors, the proceeds are in principle shared among them.

Consulting the register shows in advance whether other creditors are already pursuing the debtor. This partly determines the chances of recovery, and therefore whether a new seizure is worth its cost.

What is protected from seizure?

Certain goods cannot be seized (Article 1408), such as the bed, clothing and household items the family needs, and to some extent the tools the debtor needs for their profession. A self-employed individual can also make the home where they have their main residence exempt from seizure, by a declaration before a notary, for business debts arising after that declaration has been registered.

Income is protected too. Only part of a salary can be seized. For 2026, the following monthly limits apply to net income:

• up to EUR 1,419: not attachable;
• from EUR 1,419.01 to EUR 1,524: 20% attachable;
• from EUR 1,524.01 to EUR 1,682: 30% attachable;
• from EUR 1,682.01 to EUR 1,839: 40% attachable;
• above EUR 1,839: fully attachable.

For replacement income (vervangingsinkomen / revenus de remplacement), such as unemployment benefit or a pension, the portion between EUR 1,524.01 and EUR 1,839 is 40% attachable. The attachable amount can be reduced by EUR 88 per dependent child, provided the debtor reports this using the prescribed form. The amounts are indexed every year.

Some income, such as family allowances (Groeipakket in Flanders), is in principle entirely exempt from seizure. For maintenance claims, the wage attachment limits do not apply (Article 1412): a maintenance creditor can go further.

How does a wage attachment work in practice?

With a wage attachment, the employer receives a writ from the bailiff. Every month, the employer calculates the attachable portion of net pay according to the statutory brackets, withholds that amount and pays it over. The employee sees the deduction on their payslip.

If there are several attachments, the attachable portion is not multiplied: it is shared, with special rules for maintenance claims. A wage attachment continues until the debt, interest and costs have been paid in full. For the creditor it is a slow but reliable tool; for the debtor it is often the moment to propose a realistic payment plan.

Challenging a seizure before the attachment judge

All disputes concerning protective measures and enforcement measures are decided by the attachment judge (Article 1395). A seizure can be challenged, among other things, where:

• there is no title, or it was not properly served;
• the debt has already been paid or is time-barred;
• exempt goods or income have been seized;
• the amount claimed has been miscalculated;
• the formal requirements for the seizure were not complied with.

The attachment judge does not reconsider whether the judgment is correct: that is what remedies against the judgment, such as opposition and appeal, are for. The judge does check whether the seizure is lawful and whether the debt still exists.

A defence requires speed: time limits are short and the effects of a seizure on a bank account are felt immediately. A realistic payment proposal, backed by documents, often avoids further costs.

Anyone who can no longer cope with several debts can apply for a collective debt settlement (collectieve schuldenregeling / règlement collectif de dettes). If the application is declared admissible, enforcement measures are in principle suspended.

Strategy determines the return

Seizures cost money, and enforcing blindly against an insolvent debtor only increases the loss. We first look at where the debtor has means: a salary, a bank relationship, real estate, rental income or tax refunds. We then choose the seizure with the highest expected return, combining legal pressure with a negotiated payment arrangement where that leads to payment faster. If the debtor is a consumer, prior amicable recovery is also subject to the rules of Book XIX of the Code of Economic Law.

A judgment can generally be enforced for ten years, and that period can be interrupted. For amounts payable periodically, such as interest or maintenance, a shorter period may apply (more on limitation periods). A debtor with no means today may well be solvent within a few years.

Frequently asked questions

A bailiff is at my door. What should I do?

Stay calm, ask which title is being enforced and what amount is being claimed, and do not sign anything you do not understand. Call us straight away: an arrangement is often still possible.

Can my bank account be frozen completely?

A third-party attachment at your bank in principle covers the balance at the time of the seizure. Income that is exempt from seizure, such as the protected part of your wages or benefits, remains protected under certain conditions, even in your account (Article 1411bis of the Judicial Code). Have any wrongly blocked amounts checked quickly.

How much of my salary can be seized?

That depends on your net income. In 2026, a net monthly salary up to EUR 1,419 cannot be seized; above that a bracket system applies, and above EUR 1,839 the excess is fully attachable. These limits do not apply to maintenance claims.

Can there be a seizure without a judgment?

Not an enforcement seizure: that requires an enforceable title, such as a judgment or a notarial deed. A protective attachment is possible before judgment, but only in urgent cases, with the attachment judge’s permission or on the basis of a title that the law accepts for that purpose.

Who pays the costs of the seizure?

In principle, the debtor. If the seizure is found to be wrongful, the outcome may be different, and the seizing creditor may be held liable.

Novex Advocaten can help

Do you need to enforce a judgment, or do you want to challenge a seizure? Mr Mohamed Asfour, lawyer, works out the most suitable strategy with you and represents you before the attachment judge, in English, Dutch, French or Arabic.

Call 0484 99 22 72 or email asfour@novexadvocaten.be.