In Belgium

Release (mainlevee / opheffing) is the legal act by which a security, lien, mortgage or seizure is lifted, freeing the asset or funds that were encumbered. In rental law, it most commonly arises when a seizure or attachment is ended.

Two forms:

  • Voluntary release (mainlevee amiable): the creditor agrees to lift the measure, typically after the debt has been paid
  • Judicial release (mainlevee judiciaire): ordered by a court when the creditor refuses to lift the measure despite the debt being settled, or when the seizure was unjustified

How it works

After payment. Once the debtor has fully paid the debt, they are entitled to a release. If the creditor cooperates, the bailiff draws up a release document that is communicated to the third party (bank, employer).

Bank accounts. When an attachment is lifted, the bank unfreezes the account. This typically takes 2-5 business days after the release document is received.

Mortgage release. For a mortgage, release requires a notarial deed registered at the land registry (Conservation des hypotheques / hypotheekkantoor). Costs: approximately 500-1,000 EUR including notary fees and registration duties.

Unjustified seizure. If a seizure was carried out without valid grounds, the debtor can request the attachment judge to order a judicial release. The creditor may be ordered to pay damages for the prejudice caused.

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Good to know
If a creditor refuses to grant a voluntary release after full payment, you can petition the attachment judge for a judicial release. The creditor risks being ordered to pay damages for abusive maintenance of the seizure, including compensation for any financial harm caused by the frozen account.

Practical example

A tenant’s bank account was frozen via attachment for 3,200 EUR in rent arrears. The tenant pays the full amount plus bailiff costs (3,680 EUR total). The landlord’s lawyer instructs the bailiff to issue a release. The bank unfreezes the account 3 business days later. If the landlord had refused to grant the release despite full payment, the tenant could have obtained a judicial release within 1-2 weeks.