Debt Collection in the Netherlands

4 min readJan 12, 2024

Key Aspects of Dutch Debt Collection

Launching the Debt Collection Process

The Dutch debt collection begins with a written notice to the debtor. In case of non-payment, it escalates to the involvement of a Dutch debt collection law firm, agency or another legal expert specializing in debt recovery. This process is governed by Dutch laws that emphasize respecting debtor’s rights, ensuring a fair and systematic approach.

Investigation and Credit Assessment

Prior to pursuing debt collection, a comprehensive investigation and credit assessment of the debtor is conducted. This step is crucial to understanding the debtor’s financial status and determining the appropriate strategy for debt recovery.

Crafting and Issuing a Dutch Demand Letter

The demand letter is a pivotal step in the debt collection process. This letter formally requests payment, clearly stating the debt amount and the deadline for payment. It must comply with legal standards and inform the debtor about possible legal consequences in case of non-payment.

Collaborative Approach and Monitoring Progress

In the Netherlands, debt collection is a collaborative process involving creditors, collection agencies, and debtors, with a focus on finding mutually agreeable solutions. Effective communication and negotiation are key. Additionally, rigorous case tracking is implemented to ensure compliance and monitor progress.

The Integral Roles of Bailiffs and Lawyers

In Dutch debt collection, bailiffs and lawyers play crucial roles. Bailiffs are responsible for executing court orders, including property seizures, while lawyers offer legal representation and guidance. Their collective efforts ensure the process is legally sound and ethical.

Understanding Dutch Debt Collection Laws

Dutch laws provide a balanced framework for debt collection, detailing procedures and safeguarding both creditors’ and debtors’ interests. These laws specify the steps for debt recovery, prohibit unfair practices, and outline the permissible actions of collection agencies and bailiffs.

Bankruptcy Petition as a Debt Collection Tactic

Filing for bankruptcy is a strategic approach in the Netherlands for significant unpaid debts. This serious measure is considered when other methods fail, leading potentially to the liquidation of the debtor’s assets under judicial supervision.

Comparing Summary and Ordinary Proceedings

Dutch law offers two types of proceedings: summary and ordinary. Summary proceedings are quicker but less detailed, suitable for undisputed claims. Ordinary proceedings, being more comprehensive, are used for complex cases and usually involve a longer duration.

The Role of Pre-Judgment Attachment

Pre-judgment attachment in the Netherlands is a powerful tool that allows creditors to seize assets before a court decision. This proactive step ensures the creditor’s interests are safeguarded pending the court’s verdict.

Our Comprehensive Debt Recovery Strategy

At MAAK Advocaten, we employ a strategic approach to debt recovery, combining legal expertise with financial claim knowledge. This includes issuing summons, calculating interests and costs, and exploring multiple legal avenues for debt recovery.

Claiming Compensation for Collection Fees

Under Dutch law, creditors can claim compensation for collection fees and late payment interest as stipulated in the Dutch Civil Code. This is applicable if the debtor fails to settle the invoice within the prescribed time frame.

Enlisting a Debt Collection Attorney in the Netherlands

MAAK Advocaten offers specialized debt collection legal services. Our team provides swift and pragmatic solutions, including civil litigation, contract formulation, and comprehensive legal advice.

The Importance of a Summons to Payment

Issuing a proper summons to payment is often necessary under Dutch law, serving as a final reminder for debt settlement. This step precedes the imposition of collection costs and interest, aligning with the legal standards in the Netherlands.

Connect with Our Dutch Debt Collection Law Firm

For any legal assistance in debt collection, our team at MAAK Advocaten in Amsterdam is ready to offer expert advice and services. Our commitment is to provide personalized and effective legal solutions for your unique needs.

Q&A on Debt Collection in the Netherlands

What is the limitation period for debt in the Netherlands? The Netherlands enforces a 5-year limitation period for payment claims, applicable to all due and payable invoices.

How do bailiffs contribute to debt collection in the Netherlands? Bailiffs, or ‘deurwaarders’, play a key role in executing court orders, including property seizures, to ensure compliance with court decisions while upholding legal standards and debtor’s rights.

Is it possible to charge interest and collection fees in the Netherlands? Yes, under Dutch law, creditors can charge interest for late payments and demand compensation for collection costs as outlined in the Dutch Civil Code.

Dutch debt collection attorney

Remko Roosjen is a debt collection attorney in the Netherlands and creates close working relationships with clients, providing pragmatic solutions across on all legal matters in the Netherlands. Remko is a partner of our Dutch Debt Collection office in Amsterdam, the Netherlands. His specialist areas include Debt Recovery, Commercial Disputes & Contracts, including civil litigation, arbitration and mediation. Remko is a sharp, creative attorney with extensive experience representing both plaintiffs and defendants. Visit Remko’s profile via the website or via his LinkedIn Profile.