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Belgian Bailiff Ranking Exam study materials
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Belgian Bailiff Ranking Exam practice questions

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Question 1Judicial Law and Civil Procedure

Under the Belgian Judicial Code, which court is in principle competent to hear a claim for the enforcement of a notarial deed relating to a sum of money, when the debtor is domiciled in Belgium?

  1. The court of first instance of the debtor's domicile Correct answer.
  2. The justice of the peace of the debtor's domicile
  3. The court of appeal of the debtor's domicile
  4. The commercial court regardless of the debtor's status

Explanation

As a general rule the court of first instance (rechtbank van eerste aanleg / tribunal de première instance) has jurisdiction over claims concerning the enforcement of enforceable titles, sitting at the level of the debtor's domicile. The justice of the peace handles only the matters expressly attributed to it by law, and enforcement disputes over notarial deeds are not among them.

Question 2Judicial Law and Civil Procedure

What is the essential characteristic of an 'executoire' (enforceable) title under Belgian law?

  1. It must be signed by both parties to be valid
  2. It permits the creditor to proceed to forced execution without prior judicial authorisation Correct answer.
  3. It can only be issued by a notary
  4. It automatically suspends all limitation periods

Explanation

An enforceable title authorises the creditor to have recourse to a bailiff and to forced execution measures without needing a fresh court decision. The Judicial Code lists the categories of enforceable titles, including final judgments and authentic instruments.

Question 3Judicial Law and Civil Procedure

Before proceeding to a seizure, what prior step must a bailiff generally take when the debtor has not voluntarily paid?

  1. Publish the debt in the Belgian Official Gazette
  2. Request the police to accompany the bailiff
  3. Serve a command or formal notice to pay (bevel/sommation) Correct answer.
  4. Obtain a fresh judgment authorising the seizure

Explanation

The bailiff normally serves a command to pay (bevel tot betalen / commandement de payer) on the debtor, giving formal notice before any seizure is carried out. This step is required by the Judicial Code and starts certain time limits.

Question 4Judicial Law and Civil Procedure

Which of the following is the correct description of the bailiff's role in Belgian judicial organisation?

  1. A public officer and ministerial officer who serves documents and carries out executions Correct answer.
  2. A court clerk who records hearings
  3. A judge who decides on the merits of enforcement disputes
  4. A lawyer who represents parties in court

Explanation

The bailiff (gerechtsdeurwaarder / huissier de justice) is a public and ministerial officer entrusted with serving judicial documents and executing enforceable titles. The bailiff does not decide disputes; contested enforcement is brought before the enforcement judge.

Question 5Judicial Law and Civil Procedure

A creditor holds a final judgment ordering payment. The debtor has assets in Belgium. Which measure allows the bailiff to attach the debtor's bank account balance?

  1. Gerechtelijke expertise (judicial expert investigation)
  2. Beslag onder derden (saisie-arrêt / garnishee seizure) Correct answer.
  3. Beslag op onroerend goed (immovable property seizure)
  4. Gijzeling (contrainte par corps)

Explanation

Garnishee seizure (beslag onder derden / saisie-arrêt) targets sums owed to the debtor by a third party, typically a bank holding the debtor's account. It is the standard route to freeze and recover account balances.

Question 6Judicial Law and Civil Procedure

What is the principal purpose of the 'beslagregister' (registre des saisies / seizure register) in Belgium?

  1. To record all seizures so that creditors can detect competing attachments Correct answer.
  2. To register the professional licence of each bailiff
  3. To publish notarial deeds of sale
  4. To list all pending appeals in civil matters

Explanation

The central seizure register allows creditors and bailiffs to verify whether assets have already been attached, helping to avoid conflicting or abusive seizures. It supports transparency and coordination among creditors.

Question 7Judicial Law and Civil Procedure

When a bailiff serves a writ of summons (dagvaarding / citation), which element is essential for the document to be valid?

  1. A statement of the subject matter and grounds of the claim Correct answer.
  2. The signature of the debtor
  3. The seal of the Ministry of Justice
  4. A prior court authorisation number

Explanation

A writ of summons must set out the subject matter and the grounds of the claim, along with the date, the identification of the parties and the court. The debtor's signature is not required for validity.

Question 8Judicial Law and Civil Procedure

A debtor contests the regularity of a seizure carried out by a bailiff. Which judge has jurisdiction to hear the dispute?

  1. The enforcement judge (beslagrechter / juge des saisies) Correct answer.
  2. The public prosecutor
  3. The justice of the peace
  4. The National Chamber of Bailiffs

Explanation

The enforcement judge has exclusive jurisdiction over disputes concerning seizures and enforcement measures, including challenges to their regularity. This judge sits within the court of first instance.

Question 9Judicial Law and Civil Procedure

Which principle requires the bailiff to limit a seizure to what is necessary to satisfy the creditor's claim?

  1. The principle of audi alteram partem
  2. The principle of territoriality
  3. The principle of res judicata
  4. The principle of proportionality in enforcement Correct answer.

Explanation

Proportionality requires enforcement measures to remain proportionate to the claim and not to exceed what is reasonably necessary. Excessive or abusive seizures may be reduced or annulled by the enforcement judge.

Question 10Judicial Law and Civil Procedure

What is the time limit for lodging an appeal against a judgment of the court of first instance in ordinary civil matters under the Belgian Judicial Code?

  1. One month from the notification Correct answer.
  2. Three months from the notification
  3. Six months from the notification
  4. Fifteen days from the notification

Explanation

In ordinary civil matters the appeal period is generally one month from the notification of the judgment. Shorter or special periods apply only to specific matters such as certain summary proceedings.

Question 11Judicial Law and Civil Procedure

A bailiff discovers that the debtor has already been subject to a prior garnishee seizure on the same bank account. What is the appropriate consequence?

  1. The bailiff must withdraw and return the file to the court without any record
  2. The second seizure takes priority over the first
  3. The second seizure is automatically void and criminal sanctions apply
  4. The second seizure is recorded and the creditor may join the distribution, subject to the rules on competing seizures Correct answer.

Explanation

Competing seizures on the same asset are handled through the rules on distribution and ranking among creditors. The later creditor does not automatically lose everything but participates according to priority rules.

Question 12Judicial Law and Civil Procedure

Which document must a bailiff generally draw up after performing a seizure, recording the operations carried out?

  1. A ministerial circular
  2. A proces-verbaal (official report) of the seizure Correct answer.
  3. A private contract between the parties
  4. A notarial deed

Explanation

The bailiff records the seizure operations in an official report (proces-verbaal / procès-verbal), which documents what was attached and when. This report is an essential part of the enforcement file.

Question 13Judicial Law and Civil Procedure

What is the purpose of the 'verzet' (opposition) procedure in the context of default judgments?

  1. To allow the creditor to increase the claim
  2. To convert a provisional judgment into a final one
  3. To transfer the case to another court
  4. To allow a defaulting defendant to have the judgment set aside and the case reheard Correct answer.

Explanation

Opposition allows a party who was defaulted to challenge the default judgment and obtain a rehearing of the case. It is distinct from appeal and is available only where the judgment was rendered by default.

Question 14Judicial Law and Civil Procedure

A creditor wishes to seize the debtor's movable property located in the debtor's home. Which rule protects the debtor's essential household goods?

  1. Certain goods declared unseizable by law cannot be attached Correct answer.
  2. The bailiff may freely choose which goods to take
  3. Only goods exceeding a fixed value are seizable
  4. All movable property is seizable without exception

Explanation

Belgian law declares certain essential household goods and personal items unseizable to protect the debtor's basic living conditions. The bailiff must respect these limits when selecting assets.

Question 15Judicial Law and Civil Procedure

Which of the following best describes the 'authentic instrument' (authentieke akte / acte authentique) drawn up by a notary?

  1. A document valid only between the signatories and never enforceable
  2. A document with presumptive authenticity that may serve as an enforceable title Correct answer.
  3. A purely evidentiary document without any enforcement value
  4. A private document that requires later court confirmation to be enforceable

Explanation

An authentic instrument enjoys a presumption of authenticity and, where it records a monetary obligation, can serve as an enforceable title. This allows enforcement without a prior judgment.

Question 16Judicial Law and Civil Procedure

What is the main consequence of the 'kwaliteit van de schuldenaar' being a protected person, such as a person under guardianship, in enforcement proceedings?

  1. Special protective rules may apply and certain formalities must be observed Correct answer.
  2. The seizure is automatically valid without any special formality
  3. The bailiff may proceed without any notice
  4. The creditor must obtain a criminal conviction first

Explanation

Enforcement against protected persons is subject to specific safeguards and formalities, reflecting their vulnerable status. The bailiff must comply with these rules, and failure may lead to annulment.

Question 17Judicial Law and Civil Procedure

Which of the following is a ground on which a seizure may be declared null by the enforcement judge?

  1. The creditor's lawyer was not present at the seizure
  2. The bailiff used a blue rather than white form
  3. A substantive irregularity caused prejudice to the debtor Correct answer.
  4. The debtor had already paid a different debt

Explanation

A seizure may be annulled where a substantive irregularity has caused harm (grief) to the debtor. Purely formal defects without prejudice generally do not lead to nullity.

Question 18Judicial Law and Civil Procedure

What is the function of the 'uitvoerend beslag' (executory seizure) on immovable property?

  1. To transfer ownership immediately to the creditor
  2. To convert the property into movable assets
  3. To freeze the property indefinitely without sale
  4. To lead to a public sale and distribution of the proceeds among creditors Correct answer.

Explanation

Executory seizure on immovable property is the procedure leading to a public sale, with the proceeds distributed among the creditors according to their rank. It does not automatically transfer ownership to the seizing creditor.

Question 19Judicial Law and Civil Procedure

A bailiff serves a document at a time when the debtor is absent. Which rule generally governs valid service in that situation?

  1. The bailiff must wait one year before serving
  2. Service is impossible and must be postponed indefinitely
  3. The bailiff may serve at the debtor's domicile according to the statutory rules on substituted service Correct answer.
  4. The bailiff must publish the document in a newspaper

Explanation

Where the debtor is absent, the Judicial Code provides rules for substituted service at the domicile, such as delivery to a designated person or a notice left in accordance with the law. The bailiff must follow these formalities precisely.

Question 20Judicial Law and Civil Procedure

What is the significance of the 'dwingende kracht' (executory force) of a judgment?

  1. It means the judgment can be executed even if an appeal is pending, unless suspended Correct answer.
  2. It means the judgment is automatically annulled on appeal
  3. It means the judgment has no effect until published
  4. It means the judgment can only be executed after the appeal period expires in all cases

Explanation

A judgment may be provisionally enforceable, allowing execution despite a pending appeal, unless the court or law orders suspension. This provisional enforceability is distinct from finality.

Question 21Judicial Law and Civil Procedure

Which of the following statements about the bailiff's duty of confidentiality is correct?

  1. The bailiff may sell debtor information to commercial databases
  2. The bailiff may disclose all debtor information freely to third parties
  3. Confidentiality applies only to criminal matters
  4. The bailiff is bound by professional secrecy regarding information learned in the exercise of the function Correct answer.

Explanation

The bailiff is subject to professional secrecy concerning facts learned in the performance of the function, subject to lawful exceptions. This duty protects debtors and the integrity of the profession.

Question 22Judicial Law and Civil Procedure

A debtor applies for a payment plan to avoid seizure. Which procedure is relevant under Belgian law?

  1. Collective debt settlement (collectieve schuldenregeling / règlement collectif de dettes) Correct answer.
  2. Criminal mediation
  3. Notarial liquidation
  4. Bankruptcy (faillissement) available to any natural person

Explanation

Collective debt settlement allows over-indebted natural persons to obtain a judicially supervised payment plan and protection against individual seizures. It is distinct from bankruptcy, which is generally reserved for traders.

Question 23Judicial Law and Civil Procedure

Which court has jurisdiction over a claim relating to a lease of immovable property where the rent does not exceed the statutory threshold for the justice of the peace?

  1. The commercial court
  2. The justice of the peace Correct answer.
  3. The court of appeal
  4. The court of first instance

Explanation

The justice of the peace has jurisdiction over certain lease disputes, particularly where the rent remains within the statutory threshold. Above that threshold, the court of first instance generally hears the case.

Question 24Judicial Law and Civil Procedure

What is the effect of a 'derdenverzet' (tierce opposition) in Belgian civil procedure?

  1. It suspends all enforcement automatically for one year
  2. It allows a third party affected by a judgment to challenge it Correct answer.
  3. It transfers the case to the Constitutional Court
  4. It allows a party to appeal a judgment twice

Explanation

Tierce opposition permits a third party whose interests are affected by a judgment to seek its revision or annulment as regards that party. It is a distinct remedy from appeal and opposition.

Question 25Judicial Law and Civil Procedure

Which of the following is required for a bailiff to validly serve a document on a company?

  1. Service at the personal home of any customer
  2. Service only to the company's largest shareholder
  3. Service at the registered office or to a person authorised to represent the company Correct answer.
  4. Service by registered mail to any employee

Explanation

Service on a company is validly effected at its registered office or to a person empowered to represent it, in accordance with the Judicial Code. Serving an unauthorised person does not generally produce valid service.

Question 26Judicial Law and Civil Procedure

Under the Belgian Judicial Code, which judge is competent to rule on a dispute concerning the execution of a judgment, such as a contested attachment?

  1. The enforcement judge (rechter van de tenuitvoerlegging / juge de l'exécution) Correct answer.
  2. The justice of the peace of the debtor's domicile
  3. The court of appeal of the creditor's place of business
  4. The public prosecutor of the district

Explanation

The enforcement judge is specifically designated by the Judicial Code to decide disputes arising from enforcement measures, including challenges to attachments and to the acts of the bailiff. This competence is functional and does not depend on the ordinary territorial rules for the merits of the case.

Question 27Judicial Law and Civil Procedure

A bailiff is asked to attach a debtor's wages. Which statement reflects the general Belgian rule on the portion of salary that may be attached?

  1. Salary may be attached only with the debtor's written consent
  2. Attachment of salary is entirely prohibited in Belgium
  3. Only the portion exceeding a protected minimum determined by law may be attached Correct answer.
  4. The entire net salary may be attached without limit

Explanation

Belgian law protects a minimum income necessary for the debtor and dependants; only the attachable portion above that threshold can be seized. The thresholds are set by regulation and adjusted periodically.

Question 28Judicial Law and Civil Procedure

A bailiff must serve a document on a debtor whose registered domicile is known but who no longer lives there. What is the standard approach under Belgian service rules?

  1. The bailiff must publish a notice in the Belgian Official Gazette
  2. Service is impossible and the claim lapses
  3. Service may be validly effected at the domicile address in accordance with the statutory formalities Correct answer.
  4. The bailiff may serve the document on any neighbour of his choosing

Explanation

Belgian service rules allow service at the debtor's domicile or elected domicile, with specific formalities when the person is absent. The bailiff records what occurred in the proces-verbaal, and service at the known domicile can remain valid.

Question 29Judicial Law and Civil Procedure

Which body oversees the professional conduct and discipline of bailiffs in Belgium?

  1. The National Chamber of Bailiffs (Nationale Kamer van Gerechtsdeurwaarders) Correct answer.
  2. The National Bank of Belgium
  3. The Court of Cassation
  4. The Bar Council of the local bar association

Explanation

The National Chamber of Bailiffs is the professional body competent for discipline and professional regulation of bailiffs. It operates alongside the local chambers and the oversight of the Ministry of Justice.

Question 30Judicial Law and Civil Procedure

A creditor holds a notarial deed acknowledging a debt. What advantage does this authentic instrument give in enforcement?

  1. It prevents the debtor from ever contesting the debt
  2. It suspends all limitation periods indefinitely
  3. It automatically transfers ownership of the debtor's assets to the creditor
  4. It removes the need for any court involvement and serves as an enforceable title Correct answer.

Explanation

An authentic instrument has executory force, meaning the creditor can proceed to enforcement without first obtaining a judgment. The bailiff can act on the basis of the deed itself, subject to the applicable formalities.

Question 31Judicial Law and Civil Procedure

Which of the following is a general requirement for a bailiff to be appointed to a vacant office in Belgium?

  1. Holding a Belgian law degree and passing the professional examination, subject to nomination Correct answer.
  2. Being elected by the local residents of the district
  3. Being a member of the local bar association for at least ten years
  4. Owning real property in the judicial district

Explanation

Appointment as a bailiff requires legal qualifications, including a relevant degree and completion of the professional examination, followed by nomination to a vacant office. The precise conditions are set by statute and royal decree.

Question 32Judicial Law and Civil Procedure

A bailiff is instructed to attach a debtor's movable goods at a location that is not the debtor's home but a third party's premises. What is the key preliminary requirement?

  1. A prior judicial authorisation where the law requires it, such as for entry into premises Correct answer.
  2. Publishing the intention in a local newspaper
  3. Notifying the local police station
  4. Obtaining the third party's consent only

Explanation

Enforcement at premises belonging to a third party, or involving entry into a dwelling, generally requires judicial authorisation or specific statutory conditions. The bailiff must operate strictly within the bounds of that authorisation.

Question 33Judicial Law and Civil Procedure

What is the function of the 'proces-verbaal van moeilijkheden' in Belgian enforcement practice?

  1. To record difficulties encountered during enforcement for referral to the enforcement judge Correct answer.
  2. To transfer the case to the criminal court
  3. To calculate the bailiff's fees
  4. To certify the debtor's insolvency permanently

Explanation

When enforcement encounters obstacles, the bailiff draws up a proces-verbaal of difficulties so that the matter can be brought before the enforcement judge. This allows the judge to resolve the impasse and give further directions.

Question 34Judicial Law and Civil Procedure

A creditor wishes to preserve evidence of the debtor's assets before obtaining a judgment. Which Belgian procedure is designed for this purpose?

  1. The 'verzoening' before the justice of the peace
  2. The 'beslag tot bewijs' or a protective measure ordered by the judge to preserve evidence Correct answer.
  3. The 'vrijwillige tussenkomst' of a third party
  4. The 'kortgeding' for the merits of the claim

Explanation

Belgian law provides for measures to preserve evidence, including specific investigative or protective measures ordered by a judge. These allow the creditor to secure relevant facts before the main proceedings conclude.

Question 35Judicial Law and Civil Procedure

Which statement correctly describes the bailiff's role in a voluntary sale of movable property agreed between debtor and creditor?

  1. The bailiff supervises the sale and records the proceeds Correct answer.
  2. The bailiff must obtain a court order before any sale
  3. The bailiff has no role in voluntary sales
  4. The bailiff acts as the owner of the goods until payment

Explanation

In certain agreed sale arrangements, the bailiff can supervise and document the sale, ensuring transparency and proper distribution of proceeds. The bailiff's involvement provides an official record of the transaction.

Question 36Judicial Law and Civil Procedure

What is the effect of a judgment being declared enforceable 'bij voorraad' (provisionally enforceable) in Belgium?

  1. It can never be appealed
  2. It extinguishes the debtor's right to request a payment plan
  3. It can be enforced immediately, even if an appeal is lodged Correct answer.
  4. It automatically suspends all other proceedings

Explanation

Provisional enforceability allows the creditor to enforce the judgment notwithstanding an appeal, unless the court orders otherwise or the law provides for suspension. This is significant for the bailiff's ability to proceed.

Question 37Judicial Law and Civil Procedure

A debtor wishes to challenge a default judgment rendered against him. Which remedy is generally available?

  1. Cassation appeal directly
  2. A request to the National Chamber of Bailiffs
  3. Verzet (opposition) before the court that rendered the judgment Correct answer.
  4. A new action before the justice of the peace

Explanation

Verzet is the remedy allowing a defaulting party to have the judgment set aside by the court that rendered it. It must be lodged within the statutory time limits.

Question 38Judicial Law and Civil Procedure

Which principle governs the distribution of proceeds among competing creditors after a forced sale in Belgium?

  1. Equal division among all creditors
  2. The ranking of privileges and mortgages established by law Correct answer.
  3. The debtor's personal preference
  4. First come, first served regardless of rank

Explanation

Proceeds are distributed according to the legal ranking of privileges and mortgages, with certain creditors preferred. The bailiff or notary prepares a distribution plan reflecting this ranking.

Question 39Judicial Law and Civil Procedure

A bailiff serves a document on a company. Which address is generally the correct place of service?

  1. The personal home of any employee
  2. The address of the company's bank
  3. The address of the local Chamber of Commerce
  4. The registered office or the place of business of the company Correct answer.

Explanation

Service on a company is generally effected at its registered office or place of business, in accordance with the statutory formalities. The bailiff must verify the company's official details.

Question 40Judicial Law and Civil Procedure

A bailiff discovers that the debtor has transferred assets to a relative shortly before enforcement. Which legal mechanism can a creditor use to challenge this transfer?

  1. The actio pauliana (Paulian action) to set aside the transfer as detrimental Correct answer.
  2. The 'verzet' against the transfer
  3. The 'kortgeding' to annul the debtor's will
  4. A criminal complaint for forgery

Explanation

The Paulian action allows a creditor to challenge acts by which the debtor has fraudulently diminished his assets to the prejudice of creditors. If successful, the transfer can be set aside as against the creditor.

Question 41Enforcement Law and Enforcement Practice

Which body of law primarily governs the profession, training and discipline of Belgian judicial officers (gerechtsdeurwaarders / huissiers de justice)?

  1. The Criminal Procedure Code alone
  2. The Judicial Code and the law of 1999 on the profession of judicial officer Correct answer.
  3. The Civil Code provisions on mandate
  4. The Companies Code (Wetboek van vennootschappen)

Explanation

The profession of judicial officer in Belgium is regulated by the Judicial Code together with the 1999 framework law, which set the conditions of appointment, the monopoly on enforcement and the disciplinary regime. The Civil Code and Companies Code only apply incidentally.

Question 42Enforcement Law and Enforcement Practice

What is the core territorial competence rule for a Belgian judicial officer serving process?

  1. The officer acts only within the municipality of residence of the debtor
  2. The officer acts only in the province where the creditor is established
  3. The officer acts within the arrondissement for which he or she is appointed, subject to statutory exceptions Correct answer.
  4. The officer may act anywhere in the country without restriction

Explanation

A judicial officer is appointed to a specific judicial arrondissement and in principle performs acts of enforcement and service there. Statutory exceptions, such as certain service acts and specific enforcement operations, allow acting outside the arrondissement.

Question 43Enforcement Law and Enforcement Practice

Before enforcing a judgment, what must the creditor normally hold?

  1. An enforceable title (titre exécutoire) Correct answer.
  2. A bailiff's private note of account
  3. A notarised power of attorney
  4. A police authorisation

Explanation

Enforcement requires an enforceable title, typically a judgment with the enforcement formula or a notarial deed. Without such a title the officer cannot proceed to forced execution.

Question 44Enforcement Law and Enforcement Practice

What is the general rule on the debtor's protected income in attachment of earnings (loonbeslag)?

  1. All wages are fully attachable
  2. A portion of wages is protected as indispensable income and only the surplus is attachable Correct answer.
  3. Wages are never attachable
  4. Only bonuses are attachable

Explanation

Attachment of earnings respects a protected portion of income considered indispensable for the debtor and dependants. Only the amount exceeding the protected threshold can be seized.

Question 45Enforcement Law and Enforcement Practice

Which statement best describes the judicial officer's monopoly in Belgian enforcement law?

  1. Any creditor may seize goods personally
  2. Courts perform seizures directly
  3. Only the judicial officer may perform enforceable service and seizure acts Correct answer.
  4. Lawyers have the same enforcement powers

Explanation

The judicial officer holds a legal monopoly over enforceable service and most acts of seizure. This ensures professional accountability and procedural regularity.

Question 46Enforcement Law and Enforcement Practice

What is the purpose of a prior summons or command (bevel) before certain seizures?

  1. To notify the debtor and give a final opportunity to pay voluntarily Correct answer.
  2. To transfer ownership to the creditor
  3. To appoint a trustee
  4. To cancel the enforceable title

Explanation

A command or prior summons informs the debtor of the claim and provides a final chance to pay before forced execution. It preserves proportionality and avoids unnecessary seizures.

Question 47Enforcement Law and Enforcement Practice

Which document must a judicial officer produce when conducting a seizure at the debtor's premises?

  1. A court order signed by the debtor
  2. A bank guarantee
  3. A written official report (proces-verbaal) of the seizure Correct answer.
  4. A verbal statement only

Explanation

The officer records the seizure in an official report describing the acts performed and the goods seized. This report is the evidentiary basis for subsequent steps.

Question 48Enforcement Law and Enforcement Practice

What does the proportionality principle require in enforcement practice?

  1. Choosing the most severe measure available
  2. Seizing all assets immediately
  3. Ignoring the debtor's circumstances
  4. Selecting measures that are proportionate to the claim and the debtor's situation Correct answer.

Explanation

Proportionality requires that enforcement measures not exceed what is reasonably necessary to satisfy the claim, taking the debtor's circumstances into account. The officer should prefer less intrusive measures where effective.

Question 49Enforcement Law and Enforcement Practice

A creditor holds a judgment against a debtor domiciled in Antwerp but owns movable goods located in Ghent. Which officer can seize the goods?

  1. Any officer in Belgium
  2. The officer appointed in Ghent, where the goods are located Correct answer.
  3. Only the officer appointed in Antwerp
  4. The officer appointed where the creditor resides

Explanation

Seizure of tangible movable property is generally carried out where the goods are situated, so the officer appointed for Ghent has competence. Domicile of the debtor does not override the location of the assets for this measure.

Question 50Enforcement Law and Enforcement Practice

A debtor receives a wage attachment but the protected threshold is misapplied and the entire wage is seized. What is the most appropriate procedural response?

  1. Pay the full amount and sue later for damages only
  2. File a third-party opposition or request before the attachment judge to correct the calculation Correct answer.
  3. Ignore it because errors are harmless
  4. Wait one year and then complain

Explanation

A debtor may challenge the attachment before the attachment judge or through third-party opposition to correct an unlawful calculation. This restores the protected portion promptly.