Know your opposing party, your witnesses and their assets
A well-prepared case starts with knowing who stands opposite you, who is testifying and where recovery is possible. We map it out before you litigate.
Legal
Background Investigation on Litigants, Witnesses and Prejudgment Attachment
Before you litigate, you want to know three things. Who is the opposing party really: corporate structure, director history, prior proceedings, reputation? How reliable are the witnesses on both sides: do their statements match the objective facts? And is there anything to recover at the end: a creditor may recover a claim against all assets of the debtor (Article 3:276 Dutch Civil Code), but only if those assets are known. Prejudgment attachment requires leave from the preliminary relief judge, who decides after summary examination (Article 700 Dutch Code of Civil Procedure). The attachment petition therefore has to name concrete assets. We answer these three questions in one place, with a source reference per finding.
What we investigate
Background investigation on the opposing party
Corporate structure and ownership: shareholders, directors, UBOs, subsidiaries and affiliated entities at home and abroad. Financial position: filed annual accounts, payment behaviour, signs of financial distress. Legal history: prior proceedings, bankruptcies, director disqualifications, sanctions. Network: business connections, overlapping directorships, family ties. Reputation and media: coverage and online presence that colour credibility. Natural persons as well as legal entities.
Witness verification
A statement can make or break a case. We test whether the details match objective data (times, locations, registrations, documents), whether there are contradictions with earlier statements and whether a witness has an interest in the outcome. Where permitted and useful, we approach witnesses ourselves for a recorded statement. The findings help you decide which witnesses to call and how to question a witness for the other side.
Asset investigation for prejudgment attachment
We identify assets that can be attached: real estate via the Land Registry, vehicles, banking relationships (through payment data and public sources), receivables from third parties, shares and participations, and assets placed with affiliated parties. The report is structured so that it can serve as an exhibit to the attachment petition. For a broader picture of the recovery position, also without attachment, see asset tracing.
For which areas of law?
Civil law (financial capacity and recovery position of the opposing party), corporate law (director liability, shareholder disputes), family law (actual assets in alimony or division cases), employment law (dismissal cases, non-compete disputes), insolvency law (director history in bankruptcy) and criminal law (background of co-suspects or witnesses).
How does the investigation work?
we discuss what information you need, for what purpose and by when; for an attachment petition often within days.
sources, depth, timeline and fixed price.
trade registers, land registries, insolvency registers, open sources and media, internationally where needed; witnesses are approached only within the limits of the Wpbr and the privacy code of conduct.
a profile with findings, source references and points of attention for your strategy.
Want to discuss your situation?
Contact us for a free, confidential consultation.
⚖️ Legal framework
SAJ Recherche operates in compliance with the Dutch Private Security and Investigation Agencies Act (Wpbr) and the General Data Protection Regulation (GDPR/AVG). All investigations are conducted under POB licence 8779, issued by the Ministry of Justice and Security.
Legal recognition and licences
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Frequently asked questions
How quickly is the report ready?
Can I attach the report to the attachment petition?
What if the opposing party hides assets?
May SAJ Recherche approach witnesses?
Do you also handle international cases?
What does it cost?
Read more about background investigation on litigants, witnesses and prejudgment attachment