Question 1

Can I still use my account(s)?

Accepted Answer

Yes, you can continue to use your account(s). Your account(s) is/are not blocked, only a certain amount. The seizure free amount, when applicable, is not blocked. New credit transfers to your current account after the seizure do not fall under the seizure, you can just use it. If you are using ING Rood Staan, you can continue to use this, the seizure doesn't change it.

Question 2

Why must I pay €80,- fee for processing the seizure?

Accepted Answer

ING is legally obliged to cooperate with the seizure. ING incurs costs in doing so. For each seizure, we therefore charge €80,- in costs. These are costs that we are allowed to charge according to the Code of Civil Procedure, article 476a (3).

This costs covers things like:

receiving the seizure;
timely freezing/blocking of funds;
informing you as a customer about the seizure;
making up the extrajudicial declaration and sending it to the bailiff;
paying the amounts to the bailiff; and
answering questions.

We always charge the costs for an seizure. You can read more about these costs in article 28(1) of the General Banking Terms and Conditions at ing.nl.

Question 3

What does ING do if a business account has been seized?

Accepted Answer

In this case, the entire balance present at the time of the seizure will be blocked. From then on, you won’t have access to that blocked amount. New credit transfers that come in after the seizure are not covered by the seizure and are at your disposal.

Question 4

What’s an seizure (beslaglegging)?

Accepted Answer

Suppose you owe a company or institution money or have a conflict with someone, a company or an institution about a payment. They – either themselves or through a bailiff – can have the money in your bank account seized to force you to pay the amount due (the debt) and any related costs.

The seizure applies to all the money in all your accounts at ING at the time of the seizure, the amount of the claim doesn’t matter.

Question 5

What’s a payment claim (betalingsvordering)?

Accepted Answer

A payment claim is a simplified type of seizure, that allows the Tax Office, a municipality or water authority to seize your current and savings account(s) for an unpaid tax.

Question 6

What amounts are protected?

Accepted Answer

If you have a private account or as a sole proprietor a business account a part of your money is protected and cannot be blocked. You can use your protected amount for payments. The exact amount will be based on your family situation. The bailiff or Tax/local authority passes on what amount needs to be remain free.

At 1 July 2024, the maximum protected amount is:

a. €2,019.60 for a single person;

b. €2,181.31 for a single parent;

c. €2,664.91 for married couples without children; and

d. €2,775.82 for married couples with one or more children.

Question 7

What’s an extrajudicial declaration? (verklaring)?

Accepted Answer

Via an extrajudicial declaration we inform the bailiff about what amount is subject to the seizure. You will receive a copy of this letter from the bailiff. The extrajudicial declaration will be sent 2 weeks after the seizure. We’re also able to send the statement earlier or later than that. Read more about this under "Do you want us to send the extrajudicial declaration earlier?" or "Do you want us to send the extrajudicial declaration later?"

Question 8

Do you want us to send the extrajudicial declaration earlier?

Accepted Answer

What’s the use of sending the extrajudicial declaration earlier?

If the amount that is blocked for the seizure is higher than the claim, you may want to regain access to that money as soon as possible. Sending the extrajudicial declaration earlier will help you to speed up the recovery.
If you want to settle a payment arrangement with the bailiff, the bailiff will often want to know what amount is secured by the seizure. They’ll need this information to make a payment arrangement. Ask the bailiff first whether a payment arrangement is an option. Even if you make an arrangement, the bailiff or attaching party can still ask us to pay them the money covered by the seizure.

If you want us to send the extrajudicial declaration earlier, please contact the Seizure(Beslaglegging) department on 058- 234 00 31.

Please note: If we send the extrajudicial declaration to the bailiff earlier, you can no longer object to the seizure. You agree that you have to pay the debt.

Question 9

Want us to send the extrajudicial declaration later?

Accepted Answer

We’re also able to send the extrajudicial declaration after four weeks instead of after two weeks. If you want us to do that, you’ll need to let us know in writing within two weeks after your account has been seized. Send your request to beslaglegging@ing.nl, stating ‘Send extra judicial declaration later’ as the subject, and include your file number in your email. You’ll find that number in the message that we sent you right after the seizure.

What's in it for you as a customer?
If you want to object to the seizure and want to ask the court to reverse the seizure, this will give you more time before we tell the bailiff what amount falls under the seizure.

Question 10

How can a seizure be stopped?

Accepted Answer

Only the bailiff or the attaching party, incase of a payment claim, can authorise us to remove the blockade(s) your account(s). They’ll do that if:

Their request for payment is fulfilled. We’ll unblock your account(s) right after the payment.
You’ve paid the debt yourself. We’ll remove the blockage(s) on your account(s) and close the seizure after the bailiff or attaching party, in case of a payment claim, informs us that you’ve made the payment.
You’ve objected by way of preliminary relief proceedings and the court had ruled that the seizure was unjustified. We’ll unblock your account(s) and close the seizure after the bailiff or attaching party informs us of this outcome.
The plaintiff does not start the main proceedings following a preservation order or has lost the main proceedings. We will then receive a request from the bailiff to lift the seizure and remove the blockade(s) on your account(s).
You and the plaintiff have drawn up a settlement agreement in a preservation order. Without the intervention of a judge, you then made agreements about the conflict. After receiving the receipt of the settlement agreement, we’ll transfer the agreed amount (if that’s what you’ve decided), close the seizure and remove the blockade(s) on your account(s)

Immediately after removing the blockages, we’ll notify you so you know the seizure is finished.

Question 11

What’s a request for information?

Accepted Answer

Before sending in a seizure, a bailiff may ask us if you’re an ING customer. This is regulated by law in article 475aa RV of the Code of Civil Procedure. We, as a bank, are also legally obliged to answer this question. We’ll answer that question with ‘Yes’ or ‘No’.

Question 12

Any other questions?

Accepted Answer

Please contact our Seizure (Beslaglegging) department for more information. We’re available from 8:30 am to 5 pm on Monday to Friday. The telephone number is 058 234 00 31.