Debt Collection in the Netherlands

When a customer does not pay an invoice, you can hand the matter to a specialised Dutch debt collection lawyer. Debt collection in the Netherlands is the process of pursuing payment, and the right step depends on the stage of the dispute. A collection lawyer usually works alongside a Dutch bailiff, who serves judgments and carries out enforcement, such as precautionary or foreclosure attachments on a debtor’s bank accounts, shares or real estate.

Our Dutch debt collection lawyers are authorised to act before civil courts throughout the Netherlands. In urgent cases they can start debt collection summary proceedings to obtain a fast court decision. Whether you need commercial debt collection in a single case or structural cross-border debt recovery, we set out the route and the costs before you act.

How does debt collection in the Netherlands work?

Debt collection in the Netherlands moves from an amicable reminder to formal enforcement. You first send a demand; if the debtor remains in default, you can start court proceedings or secure the claim through an attachment. A Dutch debt collection lawyer and a bailiff carry out each step, from the demand letter to enforcement of the judgment.

MAAK Advocaten has a team of Dutch debt collection lawyers who draft, negotiate and enforce claims under Dutch law. If you are unsure which route fits your case, please contact us.

Our Dutch debt recovery lawyers

Remko Roosjen | Partner & Dutch debt collection lawyer

Sander van Someren Gréve | Dutch litigation & debt recovery lawyer

Mees Bloembergen | Dutch commercial contracts & debt recovery lawyer

What should you do if a Dutch debtor does not pay?

Send a written reminder and put the debtor in default before you escalate. For invoices to companies the standard payment term is 30 days (Article 6:119a Dutch Civil Code); once the debtor is in default, statutory commercial interest and collection costs start to run.

Parties can agree a different period in the contract or general terms and conditions, but not without limit. A period longer than 30 days must be expressly agreed, and a period beyond 60 days holds only where it is not manifestly unfair to the creditor (Article 6:119a Dutch Civil Code). Contracts with Dutch public authorities fall under Article 6:119b, which sets 30 days and permits a longer period only in limited circumstances.

For invoices to consumers there is no statutory payment term of general application; the period follows from the contract. The fourteen-day period often mentioned in this context is something else. Under Article 6:96(6) Dutch Civil Code a consumer only owes extrajudicial collection costs after a reminder that allows at least fourteen days to pay, counted from the day after the letter is received, and that states both the consequences of non-payment and the amount of those costs.

If the debtor fails to pay when given a reasonable opportunity to do so, he is in default (in Dutch: “verzuim“):

Article 6:81 Default
The debtor is in default during the time that the performance is not carried out in conformity with the obligation after it has become due and demandable, provided that the requirements of Articles 6:82 and 6:83 are met, except as far as the delay cannot be attributed to him or it has become permanently impossible to perform the obligation.

A formal notice of default is not always required. Under Article 6:83 Dutch Civil Code default can arise without any notice, for instance once a definite deadline for performance has passed. Where that does not apply, Article 6:82 requires a written notice giving the debtor a reasonable further period to perform. Which route applies depends on the contract and the circumstances. From there you can initiate civil proceedings or obtain an attachment order to secure the claim. Your Dutch litigation lawyer will advise you on the options and their costs.

How do you identify and contact a debtor in the Netherlands?

Start with a phone call to the debtor before you escalate; aggressive steps too early can strain a commercial relationship unnecessarily. If the debtor is a Dutch company, contact someone authorised to represent it — you can check who that is in the trade register of the Dutch Chamber of Commerce (in Dutch: “Kamer van Koophandel“).

During the call, confirm whether:

• the delivery was satisfactory;
• the invoice was received; and
• the debtor considers the invoice entirely correct.

This personal approach reveals the reason behind the non-payment and lets you agree a firm payment date. Make notes of these calls.

What if the debtor disputes the invoice?

The route depends on whether the claim is disputed. An undisputed claim can follow the ordinary path of demand, collection and, where necessary, judgment and enforcement. A disputed claim first requires an assessment of the contract, the evidence and the defences raised, because the substance of the dispute decides whether proceedings are worthwhile.

Four situations lead to different routes:

• Undisputed claim — demand, collection, judgment where required, enforcement.
• Disputed claim — review the contract and the evidence, identify the legal and contractual defences, then choose between proceedings and a negotiated outcome.
• Risk that assets disappear — prejudgment attachment can secure the claim before judgment.
• Several creditors or signs of insolvency — a bankruptcy petition can be considered where the statutory requirements are met.

Which route fits is a legal assessment of the facts, not a standard procedure. Discuss a disputed Dutch commercial claim with our debt-recovery lawyers before you commit to a route.

What changed in Dutch debt collection law on 1 April 2024?

Since 1 April 2024 the Quality of Collection Services Act (in Dutch: “Wet kwaliteit incassodienstverlening“, Wki) has regulated professional extrajudicial debt collection in the Netherlands. Collection service providers must be registered with Justis, which is only possible if they meet reliability and quality requirements such as a certificate of good conduct (VOG).

Providers that are not registered may not carry out extrajudicial collection activities, and the Justice and Security Inspectorate supervises that part of the market.

Dutch lawyers and bailiffs are exempt from this registration requirement, because they are already entered in their own professional registers and supervised under their own professional regime. A lawyer acting within the scope of the Wki remains bound by its substantive requirements. Supervision of lawyers runs through the Bar: the local dean (in Dutch: “deken”) monitors compliance and can enforce it, rather than the Inspectorate.

How much does debt collection cost in the Netherlands?

Extrajudicial collection costs are capped by Dutch law, so the amount you can add to the claim is limited and scales with the size of the debt. Court proceedings add court fees and, in principle, a costs award for the successful party. Our page on collection costs in the Netherlands explains the statutory tiers in detail.

How do you secure a claim before judgment?

To stop a debtor from moving assets while you litigate, you can request a precautionary (prejudgment) attachment. This requires leave from the provisional relief judge, after which a bailiff can attach bank accounts, receivables, shares or real estate. Read more on how prejudgment attachment works in the Netherlands.

Can a foreign judgment be enforced in the Netherlands?

Yes, but the route depends on where the judgment was given. A judgment from another EU Member State is recognised and enforceable in the Netherlands under the Brussels I bis Regulation (Regulation (EU) No 1215/2012) without a separate declaration of enforceability: the creditor instructs a Dutch bailiff on the basis of the judgment and the accompanying certificate.

Outside the EU, the first question is whether a treaty applies between the Netherlands and the country concerned. Where none applies, Article 431(2) of the Dutch Code of Civil Procedure allows the case to be brought before a Dutch court again. In that procedure the Dutch court will in principle follow the foreign judgment where the foreign court had jurisdiction on an internationally accepted ground, the proceedings met the requirements of a fair trial, recognition does not conflict with Dutch public policy, and the judgment is not incompatible with an earlier decision between the same parties.

When is bankruptcy a route to collect a debt?

If a debtor has stopped paying more than one creditor, a bankruptcy petition can be an effective pressure measure or a way to have a trustee realise the remaining assets. It is a serious step with strict conditions. See our guidance on filing for bankruptcy in the Netherlands and speak to one of our Dutch debt collection lawyers first.