SERVICES
Recovery and seizure abroad
A separate legal process, assessed case by case.
Could real estate found abroad qualify for recovery? Bureaubuitenland supports you in having the follow-up options assessed by locally competent legal professionals.
Seizure and enforcement abroad
From property found to a substantiated decision on recovery.
Does your organisation have an unpaid claim and has real estate abroad been found in the name of the person concerned? Then it can be investigated whether this property qualifies for recovery. Such a claim may arise, for example, from recovering the social rent reduction after concealed property or from recovery of the living wage after concealed assets.
Seizure and enforcement form a separate legal process. Execution lies with the competent local lawyers, bailiffs and authorities, in accordance with the legislation of the country concerned. Bureaubuitenland supports the coordination with these professionals. The investigation is carried out in compliance with the GDPR rules, the applicable privacy rules and local legislation.
For each phase, you receive a written quotation in advance. Your organisation decides on every follow-up step; we only start a next phase after your approval.
When can this be relevant?
An unpaid claim
Your organisation has an outstanding claim and the person concerned does not pay. A local legal assessment must show whether this claim can be recovered in the country concerned.
Real estate with possible recovery value
The investigation has revealed real estate registered in the name of the person concerned. It is then assessed whether the ownership share, the value and any mortgages or other claims leave sufficient room for recovery.
Securing recovery
There is reason to consider measures before the real estate is sold, transferred or further encumbered. A local lawyer assesses which protective measures are possible.
Which steps are possible?
The procedure differs per country, per type of claim and depending on the available documents. Not every case goes through all the steps below, or in the same order.
Assessing feasibility
A local legal professional assesses the claim, the ownership situation and the options for seizure and recovery. The expected costs are weighed against the possible net proceeds. On that basis, you decide whether to proceed.
Taking protective measures
When the local conditions are met, a precautionary or protective seizure can be requested. This can help secure the recovery options pending further legal steps.
Obtaining or using an enforceable title
It is checked whether an existing judgment or other enforceable title can be used in the country concerned. Depending on the case, recognition, a declaration of enforceability or new court proceedings may be required.
Enforcement and distribution of the proceeds
If payment is not made and the legal conditions are met, a forced sale can take place. The proceeds are distributed according to the local rules, taking into account the costs and the priority of other creditors.
Lead time and costs
| Lead time | The duration depends on the country, the procedure and the competent authorities. You receive an indication per phase in advance. We keep you informed of progress and any delays. |
|---|---|
| Costs | For each phase, you receive a written quotation in advance for our services and the costs of the local legal professionals, with an estimate of the expected court, translation and enforcement costs. We only start a next phase after your approval. |
| Reimbursement of legal costs | Whether costs can be recovered from the debtor depends on the applicable rules and the decision of the competent authority. This is assessed per case. |
A considered decision per case
Property found does not automatically mean that your claim can be collected.
The legal options in the country concerned, the value of the ownership share, any mortgages and the claims of other creditors all help determine what is feasible. That is why we have it assessed in advance whether the process is legally feasible and financially worthwhile.
Your organisation decides on the basis of that assessment whether to take a next step.
BEFOREHAND
Related services
Pre-check
Usually within 1 to 2 weeks, an initial picture of whether real estate is registered in the name of the person concerned.
Read moreFull in-depth investigation
The full report with land registry data, method of acquisition, co-ownership and sources, usually within 2 to 4 weeks.
Read moreAppraisal on request
On request, we have the real estate investigated appraised by a local estate agent or appraiser. The substantiated valuation is included in the report, so that your organisation can take it into account when assessing the case.
Read moreDiscuss your case
First a substantiated assessment, then a decision on recovery. Do you have an unpaid claim and has real estate been found abroad? We discuss with you which follow-up options exist and how a feasibility assessment works in the country concerned. You receive in advance a clear description of the assignment and a written quotation. We only start after your approval.