Debt Collecting and Attachment of Assets in the Netherlands
Research shows that 30% of all bankruptcies in the Netherlands are caused by unpaid invoices. Does your company have to cope with a client who still has not paid? Or are you an individual with a debtor who owes you money? We understand that unpaid invoices can be very wearing and unwanted. Law & More can help you with collecting the unpaid invoices. We can assist you from beginning to end. We are your legal assistant both with extrajudicial collecting and with a judicial procedure. We can also assist you with legal help when the unpaid invoices lead to insolvency. Furthermore, it makes no difference to us whether the debtor is living or established in the Netherlands or abroad.
You always have to notify the debtor about the fact that he is in delay with his payment, before you start with the debt collection procedure. You also have to give him the opportunity to pay within a certain period without further costs being associated with it. This is called a notice of default. If it concerns consumers, the law prescribes the way of giving notice of default. You have to send a so-called 14-days letter. Herein you have to give notice to the consumer of the fact that he is in delay with his payment. You also have to give him a 14-day period to meet his payment obligation. Besides that, you have to announce that if he does not meet the obligation, you will involve a third party to collect the invoices for you, that there are extra costs are associated with it for the debtor and how much these costs are. If the debtor is not a consumer you still have to send a reminder. If there is no response to the notice of default, then we can initiate a debt collecting procedure with you.
Amicable debt collection
The extrajudicial collection is also called the amicable debt collection. In this phase we try to make the debtor pay the invoices through written warnings and by contact via telephone. In some cases, these conversations lead to a payment arrangement.
Judicial debt collection
When we are not able to collect the debts first-handed and no payment arrangement is set up, we can initiate a judicial procedure. In court we claim payment of the unpaid invoices and any costs of the collection procedure. You can effect a conservatory arrest on possessions of the debtor before initiating a judicial procedure. What you should think of are arrests on moveable property like televisions and on bank accounts. Conservatory arrests are meant to ensure that the possessions are still present at the moment of the judgement so that you can effectively recover your costs from the debtor. If the court honoured your claim, the conservatory arrest merges into an executory arrest. This implies that the possessions on which the arrest is effected can be publicly sold by a bailiff if the debtor still does not pay.
Prevention of risks
Law & More offers legal support in preventing the risks of non-payment or late payment. For example, we advise clients to include payment terms in general conditions, which may prevent uncertainty in the event of late payment.
We like creative thinking and look beyond the legal aspects of a situation. It is all about getting to the core of the problem and tackling it in a determined matter. Because of our no-nonsense mentality and years of experience our clients can count on personal and efficient legal support.
Do you have questions, or do you want to know what Law & More can do for you or your business? Please feel free to contact mr. Tom Meevis, lawyer at Law & More via firstname.lastname@example.org, or mr. Maxim Hodak, lawyer at Law & More via email@example.com, or call +31 (0)40-3690680.