Frequently asked questions
Everything people ask me
The questions I get most often, with straight answers. Including the answers you might rather not hear, because those are more use to you than a sales pitch.
Getting started and costs
What does a first conversation cost?
Nothing. The first conversation of up to one hour is free and commits you to nothing. You will hear whether you have a case, roughly what it will cost, and whether I am the right person for it. If the answer is no, I will refer you on.
What does it cost after that?
That depends on the matter. I work on an hourly rate, and for many matters I can agree a fixed price for a defined part, for instance the court stage of a debt collection. You get an estimate in advance and nothing starts until you say yes.
What exactly is no cure no pay?
For an undisputed commercial claim I work on a no cure no pay basis in the out of court stage. If your debtor pays, the debtor also pays the collection costs and you keep the principal in full. If nothing is recovered, I charge no collection commission but a standard fee applies. Dutch professional rules limit where this is permitted, so it is not available for every type of matter.
Do I get my costs back if I win?
Partly. Court fees and bailiff costs are in principle charged to the other side on an award. For your legal costs the court grants a contribution under a fixed points scale, which rarely covers what you actually spend. On smaller claims a gap remains that is yours.
I am based abroad. Can you still act for me?
Yes, and it happens regularly. Proceedings run before the Dutch court where your counterparty is established and I appear there. You do not need to travel to the Netherlands. All correspondence can be in English.
How do I pay from abroad?
By ordinary bank transfer to a Dutch IBAN. Invoices are issued in euros. Whether VAT applies depends on where your business is established, and I will tell you that before we start.
How I work
Who will I speak to?
Me. There is no secretary, no call centre and no intake form that goes past someone else first. If you get the voicemail, I call back the same working day.
How quickly will I know where I stand?
Within one working day you will hear whether your case has prospects. That applies equally when the answer is that there is nothing to recover. You should know that straight away, not a month later.
Will a trainee handle my file?
No. In a firm of one person that is impossible, because there is nobody else. The drawback is that I cannot take on everything. The advantage is that your file is in the head of the person running it.
What happens if you are ill?
There is a standing cover arrangement with mr. dr. J.G.A. Linssen of Linssen en de Ruijter Advocaten in Tilburg. He takes over my files in my absence, so deadlines are met and your matter continues.
Do you only work in Tilburg?
For debt collection I work throughout the Netherlands, because proceedings run before the court where your debtor is established and that can be anywhere. For tenancy, contract and corporate matters the centre of gravity is closer to home, simply because I can then drop by.
Debt collection in the Netherlands
From what amount is a lawyer worth it?
There is no hard threshold. On smaller amounts the question of recourse weighs more heavily, because a judgment against someone without assets produces nothing. Put it to me and I will work it through with you before you spend anything.
How long does it take?
The out of court stage usually takes a few weeks. If it goes to court you depend on the court calendar and it can run to months. For an undisputed claim it is often faster than people expect.
How long does a Dutch claim remain enforceable?
For a commercial claim the limitation period is in principle five years. Limitation can be interrupted by a written demand in which you unambiguously reserve your right to performance. An ordinary reminder is not always enough.
What is prejudgment attachment?
With leave from the interim relief judge you freeze assets of your debtor before there is any judgment, for instance a bank account. That applies pressure immediately. And if there turns out to be nothing to freeze, you also know enough at once.
Can I still do anything if my debtor is bankrupt?
You register the claim with the trustee. In practice ordinary creditors rarely receive anything, because the tax authority and the benefits agency rank ahead. Retention of title or a pledge puts you in a far stronger position.
Does a Dutch judgment help me elsewhere in Europe?
Within the European Union judgments are in principle recognised and enforceable in other member states without a fresh procedure on the merits. That makes a Dutch judgment considerably more useful than many foreign clients assume.
Tenancy and corporate
After how many months of arrears can I dissolve a lease?
For residential property Dutch case law generally uses three months as a guideline. For commercial space there is no fixed threshold and dissolution is granted more readily, because the housing interest is absent.
May I evict a tenant without a court?
No. Self help eviction is prohibited under Dutch law and makes you liable in damages yourself, even where the tenant is clearly in default. You always need an eviction judgment and a bailiff.
When am I personally liable as a director?
Only once a serious personal reproach can be made. That is a high threshold and deliberately so. The classic cases are entering into obligations while knowing the company cannot perform, and paying selectively in favour of yourself or a related party.
Are my general terms and conditions valid in the Netherlands?
Only if they were handed over in time, that is before or when the contract was concluded. A reference on the invoice afterwards is too late. That is the most common reason terms are set aside, and it is simple to fix.
We have a shareholder dispute. What now?
Look first at the articles and the shareholders agreement, they contain a solution more often than people think. If that fails, Dutch law offers routes such as the statutory dispute procedure or the inquiry proceedings. Those are heavy, so I always look first at whether a buy out is possible.
Practical
Can I just drop in?
No, by appointment only. This is not a walk-in legal desk and there is no drop-in consultation. Call first and we will agree a time when I am free and have read through your file.
Where is the office?
Spoorlaan 388 in Tilburg, directly opposite the central station. There is parking at the rear for clients, and from the station you are at the door within two minutes.
What do you not handle?
Among other things employment law, criminal law, family law and divorce, inheritance, personal injury, immigration, social security, administrative law, tax and intellectual property. Do call even if you are unsure. You will hear straight away whether it is something for me, and if not I will refer you to someone in my network.
What if I am not satisfied?
I would rather hear it from you first. If we cannot resolve it, you can turn to the external complaints officer of the firm, Ms W.C.G.M. van Hoof in Tilburg. The procedure is set out in our complaints procedure.
How do you handle my information?
As a Dutch lawyer I am bound by professional secrecy and hold a right of non disclosure. What you tell me stays between us. How personal data is handled beyond that is set out in the privacy policy.
Question not covered here?
Do call. The first conversation of up to one hour costs you nothing, and half an hour is often enough to know where you stand.