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Debt collection
Dutch debt collection lawyer
A Dutch company owes you money and has stopped paying. Your reminders go unanswered, and from abroad it is hard to judge whether anything can still be done. That is where I come in. For twenty years I was director and co-owner of a national Dutch debt collection and bailiff organisation. I know this trade from the inside, not from a textbook.
Why a lawyer rather than a collection agency
A Dutch collection agency can send reminders and make phone calls. That is the extent of its powers. If your debtor is unmoved, the process stops there and you pay again for proceedings elsewhere.
A bailiff can serve writs and levy attachment, but above a certain amount may not represent you in court.
A lawyer can do all of it. Formal demand, summons before any Dutch court, prejudgment attachment before your debtor moves assets out of reach, and appeal if necessary. With me your file runs from the first letter to the judgment through the same person.
There is one more thing. A letter from a lawyer reads differently from a letter from an agency. For many debtors that is the moment it becomes serious.
What Dutch law gives you
Foreign creditors regularly underestimate their position. Under Dutch law you are usually entitled to more than the invoice amount alone.
- Statutory commercial interest. For business to business transactions this rate is considerably higher than ordinary statutory interest and accrues automatically once the payment term expires. No agreement is needed.
- Extrajudicial collection costs. A percentage of the principal sum, payable by the debtor, calculated on a statutory sliding scale.
- Prejudgment attachment. With permission from the interim relief judge, assets can be frozen before any judgment exists. A blocked bank account concentrates the mind of a debtor within days.
- Reversal of the burden of proof in practice. An invoice left unchallenged for months is difficult to dispute credibly later.
How I work
Is the claim due and payable, is there anything to recover, is the debtor traceable. You get an honest answer within one working day, including when the answer is that there is nothing to collect.
A letter of demand from a lawyer, with statutory collection costs and commercial interest added. What the letter announces, actually happens.
Prejudgment attachment on a bank account or property, or interim relief proceedings when speed matters. This is the toolkit a collection agency does not have.
Summons, hearing, judgment, enforcement. I conduct the case myself and you hear from me throughout, including between hearings.
What it costs
On undisputed business claims I work on a no cure no pay basis. In most cases the debtor pays both your invoice and the collection costs, and you keep the full amount.
If your debtor pays nothing, I charge no commission but a standard fee of 75 euro.
Frequently asked questions
I am based outside the Netherlands. Can you still act for me?
Yes, and it is a large part of my practice. Proceedings run before the Dutch court where your debtor is established, and almost everything else happens by email and phone. You never need to travel. We correspond in English.
From what amount is a lawyer worth it?
I do not apply a minimum. With smaller amounts I will tell you honestly whether a formal demand alone is likely to be enough, because proceedings have to be proportionate to what can be recovered. You get that assessment in advance, not afterwards.
How long does it take?
An amicable process usually takes two to six weeks. If the debtor does not pay and we litigate, a default judgment is often achievable within six to eight weeks. If the debtor defends, it runs to several months. You get a realistic estimate in advance, not an optimistic one.
What does no cure no pay mean exactly?
You pay no commission on what is not recovered. The conditions: the claim must be business to business, it must not have been handled by another collection party before, it must be undisputed, and it concerns the amicable stage. For court proceedings we agree an hourly rate or a fixed fee in advance.
My debtor suddenly disputes the invoice. Is that the end of it?
No. A dispute is not the same as being right. It often surfaces only once pressure is applied and frequently does not hold up. The claim then falls outside the no cure no pay arrangement and we agree a different fee.
Can assets be frozen before a judgment?
Yes. This is called conservatoir beslag, prejudgment attachment. It requires permission from the interim relief judge, which I apply for on your behalf. It is a heavy instrument that often produces payment within days.
What about the European Payment Order?
It exists and can be efficient for straightforward undisputed cross border claims. It is not always the fastest route, because a Dutch debtor can lodge a statement of opposition and the case then transfers to ordinary proceedings anyway. I will tell you which route fits your case.
Have your claim assessed
Send me the amount, the due date and a short description of what happened. Within one working day you will know whether the claim stands a chance and which route is fastest. There is no charge for this.