Unpaid invoices are a common problem in the Netherlands, despite Dutch customers being known as one of the better payers in Europe. However, with the right measures and support from experienced debt collection specialists, debt recovery in the Netherlands can be a successful process. When it comes to debt recovery in the Netherlands, Dutch law does not allow creditors to act on behalf of debtors in collecting what is due from third-party collections; however, creditors can enforce claims made against these third parties through garnishment (also known as pre-judgment attachments, conservatory arrest or a freezing order), including chattels held for them by those third parties.
At our international law firm in the Netherlands based in Amsterdam, the Netherlands, our litigation law firm has a strong reputation for debt collection services. Our experienced and dedicated team of lawyers and debt collection specialists have extensive knowledge and experience in B2B debt recovery in the Netherlands. With a headquarters in Amsterdam and an international team for debt collection in the Netherlands, we can assist with debt collection across the country, overcoming any language and cultural barriers that may arise in cross-border debt collection cases. Our solicitor in the Netherlands, Remko Roosjen, shall explain more about the debt recovery in the Netherlands.
Dutch Debt Collection attorneys
In the Netherlands, invoices typically have a payment term of 30 days. If your Dutch debtor fails to pay, our lawyers can advise and guide you through the legal process for debt collection, for example regarding writing a letter of demand. Our team of Dutch debt collection attorneys in the Netherlands will work in consultation with you to ensure that your case is handled effectively and efficiently.
The Bankruptcy Petition in the Netherlands
The bankruptcy petition is a popular procedure for debt recovery in the Netherlands, as it often leads to successful debt recovery. The aim of the bankruptcy petition is not to declare the debtor bankrupt, but rather to pressure them into paying their debts. As the stakes are higher for debtors, they are more likely to pay their creditors in order to avoid being declared bankrupt.
Civil Proceedings in the Netherlands
Civil proceedings in the Netherlands are often used in heavily disputed cases in the Netherlands. If you initiate civil proceedings against your Dutch debtor, they will be required to attend court to present their side of the story. Both parties will need to provide evidence to support their claims, and in most cases, the judge will encourage both parties to reach a settlement. A civil procedure can take between six to twelve months, or even up to two years for more complicated cases. After a verdict has been reached, an appeal can be lodged, further extending the case.
Summary Proceedings in the Netherlands
For simple and lightly disputed monetary claims, summary proceedings can provide a verdict within a limited amount of time. The claim is submitted to the courts and a verdict is reached more quickly than with civil proceedings. However, this option is only applicable for straightforward monetary claims.
Seizure of Assets in the Netherlands
If a Dutch debtor fails to pay, our lawyers can acquire an attachment order from the court to have their assets seized. This measure is a last resort and applies to monetary claims against the debtor’s assets such as bank accounts and property. The debtor will no longer be able to spend their funds and will be pressured to pay the outstanding amount.
FAQs about debt recovery in the Netherlands
Q: What is the payment term for invoices in the Netherlands?
A: By default, invoices in the Netherlands have a payment term of 30 days.
Q: How can I collect an unpaid invoice in the Netherlands?
A: With the support of our debt collection specialists and lawyers, you can effectively collect your unpaid invoice in the Netherlands through a variety of legal procedures, such as the bankruptcy petition or civil proceedings.
Q: What is the bankruptcy petition in the Netherlands?
A: The bankruptcy petition is a popular procedure for debt recovery in the Netherlands that aims to pressure the debtor into paying their debts by avoiding being declared bankrupt.
Contact a debt recovery attorney in the Netherlands
Do you want legal assistance from a debt collection attorney in the Netherlands? Do you have a Dutch debtor? Feel free to contact our debt recovery attorneys in the Netherlands. Our law firm in Amsterdam has the experience that you require when it comes to debt recovery in the Netherlands.