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A bailiff in the Netherlands (gerechtsdeurwaarder) is a public officer who serves summonses and judgments and enforces them by attaching the debtor’s assets, which a debt collection agency cannot do. This page is for foreign and Dutch businesses with unpaid invoices from a Dutch company. You will learn when to instruct a Dutch bailiff, what the bailiff needs from you and what the costs depend on.
What is a bailiff in the Netherlands?
A Dutch bailiff is a public officer appointed by Royal Decree and entered in the register of the Royal Professional Organisation of Bailiffs (KBvG). The bailiff carries out official acts (ambtshandelingen) the law assigns to this office, such as serving writs and levying attachment.
Article 2 of the Bailiffs Act (Gerechtsdeurwaarderswet, Gdw) lists these tasks. They include serving summonses, official notices and other writs (exploten), as well as attachments, enforced sales and evictions needed to execute an enforceable title. Under article 4 Gdw, a bailiff may only start work after entry in the bailiffs’ register, which the KBvG keeps under article 1a Gdw.
A bailiff may act anywhere in the Netherlands (article 3(1) Gdw). Within the district where the office is based, the bailiff must accept an instruction. There are two exceptions: personal circumstances that make it unreasonable, or a client who refuses to pay a requested advance (article 11 Gdw). Complaints about a bailiff go to the disciplinary chamber for bailiffs in Amsterdam (article 34 Gdw).
How does a bailiff differ from a debt collection agency?
A debt collection agency (incassobureau) is a private business that can send reminders and negotiate payment. Only a bailiff holds public powers. Serving a summons, serving a judgment and attaching assets all require a bailiff.
Article 45(1) of the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering, Rv) provides that a competent bailiff serves writs. Attachment also runs through a bailiff’s official report or writ (articles 440 and 475 Rv).
| Task | Debt collection agency | Bailiff (gerechtsdeurwaarder) |
|---|---|---|
| Send reminders and negotiate a payment plan | Yes | Yes, as permitted other work (article 20(3)(c) Gdw) |
| Serve a summons on the debtor | No | Yes (article 45(1) Rv) |
| Serve a judgment before enforcement | No | Yes (article 430(3) Rv) |
| Attach a bank account or goods | No | Yes (articles 440 and 475 Rv) |
| Represent you before the subdistrict court (kantonrechter) | Possible as an authorised representative (article 80 Rv) | Yes (article 80 Rv) |
| Represent you in other district court cases | No, a lawyer is required (article 79(2) Rv) | No, a lawyer is required (article 79(2) Rv) |
A bailiff can also handle the amicable stage. The Bailiffs Act names collecting money for third parties among the activities that may not be prohibited for bailiffs alongside their official acts (article 20(3)(c) Gdw). You can therefore instruct one office for both the reminder stage and enforcement. The bailiff’s bill must show whether each charge concerns official acts or other work (article 22 Gdw).
Collection agencies follow their own rules under the Debt Collection Services Quality Act (Wet kwaliteit incassodienstverlening). Our page on the Dutch rules for debt collection services explains them. For the wider picture, see our overview of debt collection in the Netherlands.
Why can a bailiff not enforce without an enforceable title?
Enforcement in the Netherlands requires an enforceable title (executoriale titel), such as a Dutch judgment or a notarial deed. Without one, a bailiff cannot attach assets to collect your claim, however clear the unpaid invoice is.
Article 430(1) Rv makes Dutch judgments, court orders, notarial deeds and other documents designated by law enforceable throughout the Netherlands. Under article 430(3) Rv, enforcement may only start after the title has been served on the party against whom it is directed.
An unpaid invoice is not an enforceable title. Neither is a signed order confirmation or an admission by email. You first need a judgment, for example from the subdistrict court or the district court. A judgment can be enforced pending appeal if the court declares it provisionally enforceable (uitvoerbaar bij voorraad). The claimant must ask for this (article 233(1) Rv).
A foreign creditor with a judgment from its home court faces a separate question. Under article 431(1) Rv, a foreign judgment is not enforced in the Netherlands except through articles 985 to 994 Rv. EU regulations and treaties can provide their own route. Our page on enforcing a judgment in the Netherlands covers recognition and leave for enforcement (exequatur).
Do you have unpaid invoices from a Dutch customer but no judgment yet? Ask us whether to start proceedings or to seek attachment first. We look at the documents you already have and tell you which title you need.
How does a bailiff serve a summons or a judgment?
Service means the bailiff delivers a copy of a writ to the addressee, in person or at its address. The writ itself records the date, the parties, the bailiff and the person who received the copy.
Article 45(3) Rv lists what each writ must state, including the date of service and the bailiff’s name and office address. Article 46(1) Rv allows delivery in person, or at the address to someone likely to pass the copy on in time.
If nobody can receive the copy, the bailiff leaves it at the address in a sealed envelope. Where even that is impossible, the bailiff posts it and records the reason in the writ (article 47(1) Rv). For a Dutch company, service takes place in the Netherlands under Dutch rules, wherever you are based. Before attaching movable goods, the bailiff serves an order to comply with the title within two days. This order may be combined with service of the judgment (article 439(1) and (2) Rv).
Which assets can a Dutch bailiff attach?
With an enforceable title, a bailiff can attach the debtor’s bank balances and other claims on third parties, its movable goods and its registered property, such as real estate. The rules and time limits differ per type of asset.
Attachment of claims that a third party owes the debtor, including a bank balance, follows article 475 Rv. Attachment of movable goods that are not registered property follows articles 439 and following Rv.
| Step or asset | What the bailiff does | Statutory basis |
|---|---|---|
| Bank account (third-party attachment) | Serves a writ on the bank, ordering it to hold what it owes the debtor | Article 475 Rv |
| Unknown bank details | Asks a bank whether the debtor holds a payment or savings account there; the bank answers without delay and informs the debtor only after attachment | Article 475aa Rv |
| Statement by the bank or other third party | Receives the third party’s statement of what it owes, due once two weeks have passed after the attachment | Article 476a(1) Rv |
| Movable goods (stock, machinery, vehicles) | Orders payment within two days, then attaches the goods by official report | Articles 439 and 440 Rv |
| Sale of attached goods | Sells no earlier than four weeks after service of the attachment report, unless the parties or the court shorten this | Article 462 Rv |
There is a limit. Article 441(3) Rv bars attaching goods if the foreseeable proceeds are lower than the costs of attachment and execution. The exception is where the creditor shows the debtor is not hit disproportionately. Real estate, shares and ships have their own rules, which this page does not cover.
When do you need prejudgment attachment instead?
If you fear the debtor will empty its accounts before you obtain a judgment, a bailiff can levy prejudgment attachment (conservatoir beslag). You first need leave from the preliminary relief judge (voorzieningenrechter), which you request by petition.
Article 700(1) Rv requires that leave for every prejudgment attachment. Once you obtain an enforceable judgment and serve it, the prejudgment attachment converts into an enforcement attachment (article 704(1) Rv). The conditions and risks are on our page on how prejudgment attachment works in the Netherlands.
How do you instruct a Dutch bailiff as a foreign creditor?
You instruct a bailiff directly or through your Dutch lawyer. The bailiff needs the enforceable title or the documents for a summons, the debtor’s details and an election of domicile, which the law places at the bailiff’s office.
Article 439(3) Rv requires the enforcing creditor to elect domicile at the bailiff’s office until the enforcement ends, on pain of nullity of the writ. A foreign creditor therefore does not need its own Dutch address. These steps apply:
- Send a final demand to the debtor. Our guide on writing a demand letter under Dutch law explains what it should contain.
- Find a registered bailiff through the KBvG search for bailiffs (in Dutch), which covers bailiffs, bailiff offices and collection agencies.
- Agree on fees and any advance in writing before work starts. A bailiff may decline an instruction if you refuse a requested advance (article 11 Gdw).
- Provide the invoices, the contract or general terms, the correspondence and the debtor’s Chamber of Commerce (KvK) details.
- Without a title, have the summons drafted and served. A bailiff may represent you before the subdistrict court; other district court cases require a lawyer (articles 79 and 80 Rv).
- With a title, the bailiff serves the judgment, orders payment and attaches the assets worth pursuing.
Example: a German machine manufacturer has three unpaid invoices from a distributor in Rotterdam. The distributor does not dispute the deliveries but has stopped responding. The manufacturer holds no Dutch judgment, so no bailiff can attach the distributor’s bank account yet. One option is a summons on the merits. Another, if there are signs that the distributor is moving assets, is a petition for leave for prejudgment attachment first. After a judgment, the bailiff serves it in Rotterdam and can ask banks whether the distributor holds an account.
What does a Dutch bailiff cost, and who pays in the end?
What a bailiff costs depends on the official acts required, the type of attachment and your fee agreement with the bailiff. A government decree fixes the amounts a debtor can be ordered to pay for official acts.
Articles 240 and 434a Rv provide that bailiffs’ official acts count at tariffs set by order in council. These are in the Decree on bailiffs’ tariffs (Besluit tarieven ambtshandelingen gerechtsdeurwaarders), in the version in force since 1 January 2026.
The system has two layers. Between you and the bailiff, fees are a matter of agreement; the KBvG describes this as market pricing. Between you and the debtor, the fixed debtor tariffs of the Decree apply. According to the KBvG, these tariffs are indexed every year. Check the current version on wetten.overheid.nl rather than older figures.
The debtor bears costs when a court orders it to. Article 237(1) Rv orders the losing party to pay the costs of the proceedings. In enforcement, the bailiff pays the execution costs out of the proceeds of a sale (article 474 Rv). With a bank attachment, the bank pays the attached amount plus the execution costs the bailiff specifies (article 477 Rv). If the debtor has no assets, a costs order brings in little. The fees you agreed with your own bailiff then stay with you. Pre-litigation costs follow separate rules; see collection costs in the Netherlands.
Do you hold a Dutch judgment, or has a Dutch customer stopped paying? Let us check which assets are worth attaching and what the costs in your case depend on. MAAK Advocaten handles collection, attachment and proceedings at first instance and on appeal.
Frequently asked questions about bailiffs in the Netherlands
Can a bailiff attach a Dutch company’s bank account without a judgment?
Not for enforcement. Without a judgment or other enforceable title, the only route is prejudgment attachment, which requires leave from the preliminary relief judge under article 700(1) Rv. Once you obtain and serve an enforceable judgment, that attachment converts into an enforcement attachment under article 704(1) Rv.
Can a foreign company instruct a Dutch bailiff directly?
Yes. Within the district of its office, a bailiff must carry out official acts on request, subject to the exceptions in article 11 Gdw. You elect domicile at the bailiff’s office (article 439(3) Rv), so you need no Dutch address. Settle the fee, the advance and the documents before work starts.
Does the bailiff decide whether my claim is valid?
No. A bailiff executes titles but does not rule on disputes. Disputes about enforcement go to the court designated in article 438(1) Rv. The preliminary relief judge can suspend enforcement, make it subject to security or lift an attachment (article 438(3) Rv). Whether your claim exists is for the court that gives judgment.
How do I check that someone is a real bailiff?
Only a person entered in the bailiffs’ register, and not suspended or dismissed, may use the title of bailiff (article 4(2) Gdw). The KBvG keeps that register under article 1a Gdw. Its online search covers bailiffs, bailiff offices and collection agencies.
How long before attached goods can be sold?
Attached movable goods may not be sold before four weeks have passed from service of the attachment report on the debtor (article 462(1) Rv). The parties can agree on a shorter period, and the preliminary relief judge can shorten it at the request of either party (article 462(2) Rv).
