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A Garnishee Order lets creditors collect money they're owed by taking it directly from a third party who holds funds for the debtor - typically an employer or bank. In Belgium, these orders (called "saisie-arrêt" in French or "derdenbeslag" in Dutch) are powerful debt collection tools issued by Belgian courts.

Once served, the order freezes the specified assets and requires the third party to pay the funds to the creditor instead of the debtor. Belgian law requires employers to withhold up to 20% of an employee's wages under these orders, though they must leave enough for basic living expenses as defined in the Judicial Code (Code Judiciaire/Gerechtelijk Wetboek).

Consider pursuing a Garnishee Order when standard debt collection methods have failed and you've confirmed your debtor has funds held by third parties in Belgium. This legal tool proves especially valuable when dealing with employed debtors or those with regular bank deposits, as it lets you recover money directly from these sources.

The timing matters - file for a Garnishee Order after obtaining a court judgment but before the debtor can move or hide assets. Belgian law requires creditors to first attempt direct collection and provide proper notice. The process works particularly well for recurring payments like wages, rent income, or regular business revenues held by Belgian banks or employers.

• Wage Garnishment Orders: Target an employee's salary, requiring employers to withhold a portion of earnings. Limited to 20% of wages under Belgian law.
• Bank Account Garnishments: Freeze and collect funds from checking, savings, or investment accounts at Belgian financial institutions.
• Commercial Revenue Garnishments: Intercept business income or accounts receivable from a debtor's customers or business partners.
• Rental Income Garnishments: Collect directly from tenants when a debtor owns rental property.
• Social Benefits Garnishments: Access certain government payments, though Belgian law strictly limits garnishment of social security and welfare benefits.

• Creditors: Businesses, individuals, or organizations who have obtained a court judgment and seek to collect a debt through garnishment.
• Court Officials: Belgian judges who issue the orders and court clerks who process and validate the documentation.
• Bailiffs (Huissiers/Deurwaarders): Legal officers who serve and enforce Garnishee Orders on behalf of creditors.
• Third-Party Garnishees: Banks, employers, or other entities holding the debtor's assets who must comply with the order.
• Debtors: Individuals or businesses whose assets are subject to garnishment, with rights to contest or seek modification.

• Court Judgment Details: Gather the complete judgment documentation, including case number and awarded amount.
• Debtor Information: Collect full legal name, address, and Belgian national number or business registration details.
• Asset Verification: Identify specific accounts, employment, or income sources to be garnished.
• Garnishee Details: Document the third party's full legal information and their relationship to the debtor.
• Calculation Breakdown: Specify exact amounts, including principal debt, interest, and costs as per Belgian law.
• Legal Requirements: Our platform ensures compliance with Belgian Judicial Code requirements, generating precise garnishment calculations and mandatory notices.

• Court Information: Full details of the issuing Belgian court, case reference, and judgment date.
• Party Identification: Complete legal names and addresses of creditor, debtor, and garnishee.
• Debt Details: Precise amount owed, including principal, interest, and costs as per the judgment.
• Legal Authority: Reference to relevant Articles of the Belgian Judicial Code authorizing the garnishment.
• Payment Instructions: Clear directions for fund transfer and timing requirements.
• Statutory Notices: Mandatory warnings about debtor rights and garnishee obligations.
• Execution Details: Bailiff's information and service requirements under Belgian law.

A Garnishee Order is often confused with a Bank Guarantee in Belgian legal practice, but they serve distinctly different purposes in debt collection and financial security. Let's explore their key differences:

• Legal Nature: A Garnishee Order is a court-issued directive forcing a third party to redirect payments, while a Bank Guarantee is a voluntary financial commitment made by a bank.
• Timing and Trigger: Garnishee Orders come into play after a debt default and court judgment, whereas Bank Guarantees are preventive instruments set up before any potential default.
• Control: Garnishee Orders give creditors direct access to existing funds, while Bank Guarantees create a standby arrangement that requires specific conditions to activate.
• Duration: Garnishee Orders remain active until the debt is satisfied, but Bank Guarantees typically have predetermined expiry dates and renewal terms.