Belgian Bailiff Ranking Exam key terms
Belgian Bailiff Ranking Exam · Get comfortable with the vocabulary.
- Exploit
- Related: Bailiff (gerechtsdeurwaarder), Garnishment, Attachment
A writ of execution served by a bailiff on a debtor, ordering payment of a judgment debt or performance of an obligation within a stated period, and acting as the formal starting point of enforcement.
- Bailiff (gerechtsdeurwaarder)
- Related: Exploit, National Chamber of Bailiffs, Territorial jurisdiction
A public officer and liberal professional appointed by the Crown who serves writs, drafts authentic instruments, and carries out court-ordered enforcement within a defined territorial jurisdiction.
- Territorial jurisdiction (ressort)
- Related: Bailiff (gerechtsdeurwaarder), Exploit
The geographic area in which a bailiff may lawfully serve documents and conduct enforcement acts; acting outside it generally renders the act void or irregular.
- Authentic instrument (authentieke akte)
- Related: Bailiff (gerechtsdeurwaarder), Enforceable title
A document drawn up by a public officer such as a bailiff or notary in the prescribed form, which provides conclusive proof of its contents and may be directly enforceable.
- Enforceable title (uitvoerbare titel)
- Related: Authentic instrument (authentieke akte), Exploit, Attachment
A decision or instrument, such as a final judgment or notarial deed, that legally authorises enforcement measures against a debtor's person or property.
- Attachment (beslag)
- Related: Garnishment, Enforceable title, Third-party attachment
A conservatory or executory seizure of a debtor's assets by a bailiff, aimed at preserving or realising those assets to satisfy a claim.
- Garnishment (derdenbeslag)
- Related: Attachment (beslag), Third-party declaration
A seizure directed at a third party who owes money or goods to the debtor, obliging that third party to declare what it holds and to pay the creditor rather than the debtor.
- Third-party declaration (verklaring van derde)
- Related: Garnishment (derdenbeslag)
The statement a garnishee must file with the bailiff, listing amounts or assets held for the debtor, which determines the extent of the attachment.
- Pre-judgment conservatory seizure
- Related: Attachment (beslag), Enforceable title
A protective attachment obtained before final judgment, subject to strict conditions and a short validity period, preventing the debtor from dissipating assets pending the outcome of proceedings.
- Service of process (betekening)
- Related: Exploit, Default (verstek)
The formal delivery of a writ or judgment to the opposing party through a bailiff, fixing the date from which appeal or objection periods begin to run.
- Default (verstek)
- Related: Service of process (betekening), Relief from default
A procedural situation in which a defendant fails to appear or respond after valid service, allowing the court to rule in absentia subject to possible relief.
- Relief from default (verzet)
- Related: Default (verstek)
The remedy by which a party condemned in absentia asks the same court to reopen the case and set aside the default judgment.
- Provisional enforcement (uitvoerbaarheid bij voorraad)
- Related: Enforceable title, Stay of enforcement
The quality of a judgment allowing it to be enforced immediately despite an appeal, usually ordered by the court and sometimes subject to a security.
- Stay of enforcement (opschorting van tenuitvoerlegging)
- Related: Provisional enforcement (uitvoerbaarheid bij voorraad), Summary proceedings (kort geding)
A suspension of enforcement measures granted by a court, often in summary proceedings, when execution would cause manifestly excessive or irreparable harm.
- Summary proceedings (kort geding)
- Related: Stay of enforcement (opschorting van tenuitvoerlegging)
An expedited procedure before the president of the court of first instance, granting urgent provisional measures where delay would prejudice a party's rights.
- Seizure of earnings (loonbeslag)
- Related: Garnishment (derdenbeslag), Protected income
An attachment on a debtor's salary or wages, executed within statutory limits protecting a minimum income, and administered with the garnishee employer.
- Protected income (beslagvrije voet)
- Related: Seizure of earnings (loonbeslag)
The portion of a debtor's income or benefits that is exempt from attachment, calculated according to statutory rules so the debtor retains a minimum means of subsistence.
- Public sale (openbare verkoop)
- Related: Attachment (beslag), Distribution of proceeds
A judicially supervised auction of attached movable or immovable property conducted by a bailiff or notary, transferring ownership to the highest bidder.
- Distribution of proceeds (rangregeling)
- Related: Public sale (openbare verkoop), Privilege (voorrecht)
The ordered allocation of money realised from enforcement among competing creditors according to their ranking and privileges.
- Privilege (voorrecht)
- Related: Distribution of proceeds (rangregeling), Mortgage (hypotheek)
A legal preference attaching to certain claims, such as wage or tax debts, entitling the creditor to be paid ahead of unsecured creditors from specific or general assets.
- Mortgage (hypotheek)
- Related: Privilege (voorrecht), Public sale (openbare verkoop)
A registered real security right over immovable property securing a debt, allowing the mortgagee to have the property sold and paid from the proceeds in priority.
- Contractual capacity
- Related: Bankruptcy (faillissement)
The legal ability of a person to conclude binding agreements, which may be limited by minority, guardianship, or insolvency status.
- Bankruptcy (faillissement)
- Related: Contractual capacity, Distribution of proceeds (rangregeling)
A collective insolvency procedure in which a debtor's assets are realised and distributed among creditors, with certain acts performed by the trustee and supervised by the court.
- Judicial reorganisation (gerechtelijke reorganisatie)
- Related: Bankruptcy (faillissement), Stay of enforcement
A procedure offering a debtor in difficulty protection against enforcement while proposing a recovery plan or collective payment arrangement to creditors.
- Statute of limitations (verjaring)
- Related: Enforceable title
The lapse of time after which a creditor can no longer bring a claim or enforce a judgment, extinguishing the right of action subject to interruption or suspension.
- Judicial Code (Gerechtelijk Wetboek)
- Related: Service of process (betekening), Attachment (beslag)
The principal Belgian code governing court organisation, competence, procedure, and enforcement, including the rules bailiffs must apply in service and execution.
- Court of first instance (rechtbank van eerste aanleg)
- Related: Justice of the peace (vredegerecht), Summary proceedings (kort geding)
The general civil court of first instance in Belgium, hearing most civil claims, enforcement disputes, and certain insolvency matters.
- Justice of the peace (vredegerecht)
- Related: Court of first instance (rechtbank van eerste aanleg)
A local court handling smaller civil claims, tenancy disputes, and certain family matters, with simplified and less costly procedure.
- National Chamber of Bailiffs (Nationale Kamer van Gerechtsdeurwaarders)
- Related: Bailiff (gerechtsdeurwaarder), Disciplinary proceedings
The public-law body representing and regulating bailiffs in Belgium, issuing professional rules, disciplinary oversight, and practice standards.
- Disciplinary proceedings
- Related: National Chamber of Bailiffs (Nationale Kamer van Gerechtsdeurwaarders), Conflict of interest
Formal proceedings before a disciplinary body examining alleged breaches of professional duties by a bailiff, potentially leading to warning, suspension, or removal.
- Conflict of interest
- Related: Disciplinary proceedings, Professional secrecy
A situation in which a bailiff's personal, financial, or family ties could improperly influence professional acts, requiring refusal or disclosure to safeguard impartiality.
- Professional secrecy
- Related: Conflict of interest, General Data Protection Regulation (GDPR)
The duty of a bailiff to keep confidential information learned in the exercise of the profession, subject to narrow statutory exceptions such as legal reporting obligations.
- General Data Protection Regulation (GDPR)
- Related: Professional secrecy, Data controller
The EU regulation governing processing of personal data, requiring lawful basis, transparency, data minimisation, and security, and granting data subjects rights such as access and erasure.
- Data controller (verwerkingsverantwoordelijke)
- Related: General Data Protection Regulation (GDPR), Data processing register
The person or body determining the purposes and means of personal data processing; a bailiff generally acts as controller for client files and enforcement records.
- Data processing register
- Related: Data controller (verwerkingsverantwoordelijke), Retention period
An internal record listing processing activities, purposes, categories of data, recipients, and retention periods, required to demonstrate GDPR accountability.
- Retention period (bewaartermijn)
- Related: Data processing register, General Data Protection Regulation (GDPR)
The defined duration for which personal data or professional files may be kept before deletion or archiving, justified by legal obligations or legitimate purposes.
- Electronic service (elektronische betekening)
- Related: Service of process (betekening), eID and digital signature
The delivery of procedural documents through a secure digital platform or registered electronic channel, producing legal effects equivalent to paper service where permitted.
- eID and digital signature
- Related: Electronic service (elektronische betekening), Authentic instrument (authentieke akte)
The Belgian electronic identity card and qualified electronic signature tools used to authenticate bailiffs and to sign documents with legal validity equivalent to a handwritten signature.
- Value added tax (btw)
- Related: Fee schedule (ereloon)
An indirect tax on supplies of goods and services; bailiffs apply it to their fees, with specific rules on rates, exemptions, and invoicing obligations.
- Fee schedule (ereloon)
- Related: Value added tax (btw), Disbursement (verschot)
The regulated tariff structure determining a bailiff's remuneration for acts performed, often set by royal decree and subject to judicial review of excess.
- Disbursement (verschot)
- Related: Fee schedule (ereloon), Value added tax (btw)
An advance of costs paid by a bailiff on the client's behalf, such as registry or publication fees, recoverable from the client separately from professional fees.