In Belgium

Attachment (saisie-arret / derdenbeslag) is a form of seizure that targets sums owed to the debtor by a third party. In rental disputes, a landlord typically uses attachment to freeze a tenant’s bank account or garnish their wages to recover unpaid rent.

Two forms:

  • Conservatory attachment (saisie-arret conservatoire): freezes funds without an enforceable title, but requires judicial authorisation from the attachment judge.
  • Enforcement attachment (saisie-arret execution): allows actual transfer of funds to the creditor. Requires an enforceable title.

How it works

Notification. The bailiff serves the attachment on the third party (bank, employer). The third party must immediately freeze the relevant sums.

Declaration. Within 15 days, the third party must declare in writing what they owe the debtor, including any conditions or counterclaims.

Wage attachment limits. Belgian law protects a portion of wages from seizure. As of 2026, the first 1,310 EUR of monthly net income is completely unseizable. Between 1,310 and 1,408 EUR, only 20% can be seized. The percentages increase progressively up to 100% above 1,752 EUR.

Bank accounts. No minimum balance is protected by default, but the debtor can request the attachment judge to release amounts needed for essential living expenses.

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Warning
An employer or bank that fails to comply with an attachment order becomes personally liable for the full debt. If your bank receives an attachment, the freeze is immediate — you will not be able to access the frozen funds until the matter is resolved.

Practical example

A landlord obtains a judgment for 4,200 EUR in rent arrears. The bailiff serves an enforcement attachment on the tenant’s bank. The bank freezes the account balance (2,800 EUR). The tenant requests release of 1,310 EUR for living expenses. The attachment judge grants this. The remaining 1,490 EUR is transferred to the landlord. The balance (2,710 EUR) is recovered through monthly wage garnishment of 280 EUR over 10 months.