# Bailiff's writ

Source: https://contracko.com/glossary/bailiffs-writ

# Bailiff's writ

An official document served by a bailiff, such as a summons or enforcement notice.

## Definition

A bailiff's writ is an official deed drawn up and served by a court bailiff (gerechtsdeurwaarder). It is used for legally significant communications such as a summons, the service of a judgment, or a warning that enforcement (for example attachment) will follow. Service by writ establishes certainty about the date and content of delivery, and Dutch civil procedure requires it for many procedural and enforcement steps.

## Example

> After an unpaid judgment, the creditor instructs a bailiff to serve a writ announcing attachment of the debtor's bank account.

## Why this is a business risk

Receiving a bailiff's writ is a serious escalation: a summons means legal proceedings have formally started and the deadline for a response is fixed from the service date. Businesses that do not respond in time risk a default judgment being entered against them without hearing their defence. For creditors, failing to use the correct procedural form where required by law can invalidate enforcement steps and require the process to start again from the beginning.

## How to manage it

- Upon receiving any bailiff's writ, immediately note the response deadline and consult legal counsel; time limits in civil procedure are strict and cannot be extended by agreement.
- Keep a secure record of the date and content of every writ received or served, as these form part of the evidence chain in any enforcement or litigation.
- When instructing a bailiff to serve a writ, provide accurate and complete address information; service at an incorrect address may be invalid.
- Use a bailiff's notice of default (aanmaning by exploot) when the contractual notices clause or importance of the case warrants the strongest evidential standard.

### How Contracko helps

Contracko's contract repository stores the notices clause from each agreement, so you can quickly verify whether formal bailiff service is required for a particular communication before escalating. Having all contract terms and prior correspondence in one searchable record also shortens the time your lawyers need to prepare a response when a writ arrives.

## Legal references

- [Rv art. 45 Code of Civil Procedure: writs (exploten) Dutch law](https://wetten.overheid.nl/BWBR0001827)

Unless marked otherwise, references are to Dutch law (Burgerlijk Wetboek, the Dutch Civil Code); EU instruments such as the GDPR apply across the EU. This is general information, not legal advice. Other jurisdictions treat these concepts differently. Verify the current text and your situation with a qualified lawyer.

## Relevant for

[Financial Services](https://contracko.com/industries/financial-services)[Legal Services](https://contracko.com/industries/legal-services)[Retail & Wholesale](https://contracko.com/industries/retail-wholesale)

## Related clauses

- [Notices Clause](https://contracko.com/clause-library/notices)
- [Dispute Resolution Clause](https://contracko.com/clause-library/dispute-resolution)

## Related terms

- [Notice of default](https://contracko.com/glossary/notice-of-default)
- [Bankruptcy](https://contracko.com/glossary/bankruptcy)
- [Payment default](https://contracko.com/glossary/payment-default)
- [Extrajudicial collection costs](https://contracko.com/glossary/extrajudicial-collection-costs)

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## Frequently asked questions

Common questions about this term.

- **Q:** What is the difference between a dagvaarding and a deurwaardersexploot?
  **A:** A dagvaarding (summons) is a specific type of deurwaardersexploot that initiates civil proceedings by formally notifying the defendant of the claim and the hearing date. A deurwaardersexploot is the broader category of official deed a bailiff can issue, including summonses, service of judgments and enforcement notices.

- **Q:** Can a bailiff's writ be served at any address?
  **A:** Dutch procedural law specifies the valid addresses for service, primarily the actual place of residence or business. If the defendant cannot be found there, alternative methods are available, including service via the public prosecutor's office or publication. Incorrect service can be challenged and may be declared void.

- **Q:** How quickly must a defendant respond after receiving a dagvaarding?
  **A:** The response deadline is set by the hearing date stated in the summons, typically a minimum of one week ahead. In practice, the first hearing date in district court proceedings is usually several weeks after service. Failure to appear by the deadline results in a default judgment.

- **Q:** Is a bailiff's notice of default more effective than a registered letter?
  **A:** It provides stronger evidentiary certainty: the bailiff's official deed records the exact date, time and method of service and is difficult to challenge. This makes it preferable when the matter is likely to litigate or when the contractual notices clause specifies formal service.

- **Q:** What happens after a writ of attachment (beslag) is served?
  **A:** After attachment is levied, the relevant assets (bank accounts, receivables, goods) are frozen. The creditor must then commence or continue principal proceedings on the underlying claim within a period set by the court. If the creditor wins, the attached assets are used to satisfy the judgment; if not, the attachment is lifted.

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