News & Blogs

We are on top of new information concerning debt recovery. In addition, we regularly share news & blogs from within our own organisation.

Brexit: Not if, but how

Since the result of the British EU membership referendum was announced on 23 June 2016, the discussion has changed; now we are not asking if Brexit will happen, but how it will be done. The current government thinks it has the right to give notice to the EU to leave under “Article 50” of the Treaty of the European Union. However, many fear that this would allow the government too much power, and that only parliament has the right to make or undo the law. Author: Amy Cotter Article 50...
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New book of our Swedish lawyer Erik Rosqvist: the basis for debt collection in Sweden

The use of promissory notes in Sweden Our Swedish lawyer Erik Rosqvist knows a lot about debt recovery in Sweden. Recently, he published a book concerning this topic: ‘Skuldebrevsrätten: en introduktion’. This book addresses the use of Swedish promissory notes, these are legal instruments in which a debtor promises in writing to pay a determined sum of money to another party. Applicable to all kinds of claims In September this year, Erik’s book was published. He wrote it mainly for law...
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Spanish authorities release list of defaulters – part II

Earlier this year we published an article regarding a list of notorious Spanish defaulters. Each person or company mentioned on that list, owed at least one million euro to the Spanish government. At the time, the list contained 4800 parties, worth a total debt of 15.6 billion euro to tax authorities in Spain. Recently, the Spanish tax authority (the Agencia Tributaria) updated this list of notorious debtors in Spain. The new version of the list (the Listado de Deudores) contains less parties...
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Our suggestion box ROBIN! named as Best Practice by Great Place to Work®

Exceptional in originality and accessibility In March this year, Bierens was chosen as ‘Best Workplace’ by the Great Place to Work® organisation. The evaluation of this committee explained that Bierens distinguishes itself from other companies in the fields of inspiring, developing, supporting and collectively celebrating successes. Apparently, we are not only able to inspire our own colleagues, but also the Great Place to Work® organisation itself. Recently, they published an article on how...
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Cost-saving solution to tackle French defaulters

Being an international oriented company, you are doing business with European companies on a regular basis; among them are French companies. Your business has delivered goods to a French customer recently and in accordance with the business deal, you have sent the 3000 euro invoice to the French company. Although your French customer is pleased with the products, he still hasn’t paid the 3000 euro bill. At a certain moment, the deadline for payment has passed and you have contacted your French...
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Period of Limitation for Claims against Spanish Clients

Is your organization dealing with old invoices which have still not been paid by your Spanish customer? Then you can summon your Spanish client to pay that invoice as yet. A claim does not stay valid forever though. When an invoice is very old, it is possible that, meanwhile, this invoice has exceeded the period of limitation. But when does a claim reach that stage according to Spanish law? And how can you interrupt this period of limitation in Spain, so you can prevent exceeding this period...
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Capital Controls in the Greek economy: what’s the status now?

Do you trade with Greek companies but worry how the current economic situation in Greece could affect you? Are you facing a delay on receiving a payment? Do you worry that your Greek business partners will not keep up their end of the deal? Some time ago we wrote about the Greek economic situation and how capital controls that are imposed in Greek banks could affect your business. But what is the status of capital controls now? First of all, nowadays, banks in Greece are fully operational,...
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New addition to our international team: Turkish lawyer Omer Faruk Celik

The international practice at Bierens is growing rapidly. Last months we have had multiple additions to our team of international lawyers. In the following months, we will strengthen our team even further by adding new European debt recovery lawyers. Right now, we would like to introduce you to one of our newest colleagues: Omer Faruk Celik. At Bierens, Omer Faruk Celik will be responsible for debt recovery in...
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New addition to our international team: Chinese lawyer Guan Wang

We have had several new additions to our team of international lawyers recently. In the following months, we will be strengthening our team even further by adding new debt recovery lawyers form various European countries. A few weeks ago, we introduced you to our Swedish colleague Erik Rosqvist. In this post, we would like to introduce you to Guan Wang, who will be responsible for debt recovery in China. “I was born and raised in China, where I studied at the Heibei University of Science and...
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New addition to our international team: Swedish lawyer Erik Rosqvist

The international practice at Bierens is growing rapidly. Last months we have had multiple additions to our team of international lawyers. In the following months, we will strengthen our team even further by adding new European debt recovery lawyers. Right now, we would like to introduce you to one of our newest colleagues: Erik Rosqvist. At Bierens, Erik will be responsible for debt recovery in Sweden. “My name is Erik Rosqvist, I was born and raised in Sweden. In 2010 I moved to Stockholm,...
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Personal liability of directors: one little known way to collect your debt in Spain

Do you have a Spanish debtor who doesn’t pay? When you have complied with the contract and delivered the products, it is not fair you don’t get the payment you deserve. In some cases it is the director’s fault. Some directors did a bad job and brought their company in a bad state. The result is that the company can’t pay your invoices. Is it possible the company’s director can be held legally liable? Personal liability of directors Debt recovery in Spain can be a tough cookie sometimes. Only...
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5 Legal consequences to intra-European trade post-Brexit

Post-Brexit analysis This issue is arguably the biggest political decision facing the UK in recent history, and the “leave” vote will affect not only the residents of these islands but the whole of Europe. Despite the arguments for and against the UK leaving the EU, we can’t hide from the fact that the consequences are not yet fully known. No other EU member state has done this before. So, what will be the legal consequences to intra-European trade post-Brexit? What will happen now? Although...
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Bierens wins ‘Great Place To Work’

On Tuesday evening March 22, ‘Great Place to Work®’ presented its list of Best Workplaces 2016. This independent institute assesses employer quality and the HR policies of organisations worldwide. This festive evening was catered for entirely by Great Place to Work® and its media partners Elsevier and P&O Actueel. For the first time, Bierens was one of the contestants this year for the award of “Best Workplace”. What does this mean exactly? A “Great Workplace” is defined as follows: “An...
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Debt collection is dead, long live debt collection!

It’s 3000 B.C., the Sumer civilization in Southern Mesopotamia (modern day Iraq) invents the concept of ‘debt’. A new industry arose in its shadow: debt collection was born. From its humble beginnings 5000 years ago, debt collection has evolved quickly: debt slavery was replaced by laws, creditors’ initiatives were supported by debt collection agencies and efficient credit management became the focus in the 21st century. With every step in this evolution, third party providers have adjusted to...
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Law Firm Wins Award For “Best Business Services Provider”

Bierens Debt Recovery Lawyers owes this prize to its unique vision and strategy within the debt recovery market. Sander Bierens, CEO: “We fight for justice” Bierens Debt Recovery Lawyers has been named the “Best Business Services Provider” in the Netherlands by the National Business Success Award institute. This honourable distinction was officially bestowed on this firm, which is the only law firm in the Netherlands focusing specifically on the legal aspects of debt recovery, on Sunday,...
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Important legislative amendment in France

This year, important new legislation was enacted in France. Is a judicial procedure necessary to make your debtor pay his bills? From this moment on, you must be able to prove that you have first tried to come to an extrajudicial solution (that is to say, a solution outside of Court). If this is not specified in the writ of summons, parties may be forced to enter into negotiations among themselves to find a solution before the French Court will handle the case. What does this change mean for...
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The Italian market

Mr Lonoce | Wine producer | Calitro “When my grandfather had to relinquish his passion, I took over the company so that it would stay in the family. With my background in design, I gave the company a new look. The product has not changed. “My grandfather always produced excellent wine,” relates Mr Lonoce. “The remarkable label arouses curiosity. Once the wine has been tasted, people realise they are holding a unique wine.”- Lonoce “We produce for a niche market, so the number of bottles is...
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The Italian team

Bierens is opening a new office in Rome. For years, our Italian attorneys have been fighting for justice for the creditor from all over Europe. Please allow us to take this opportunity to reintroduce our Italian team. Avvocate Daniele Geruzzi – Attorney Italian law (IT) I graduated maxima cum laude in Italy and was subsequently employed as a trainee attorney by the Government Legal Service. In 2003, I became a certified attorney. From then onwards, my successful career started at various law...
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The international debtors excuses top 10

If your Dutch business partner does not want to pay, it soon becomes evident how creative he can be in coming up with “convincing” excuses. These sophisms are outshone however, by the creativity displayed by our international debtors in their efforts to evade our clients. This article may convey the impression that our creative brain run amuck, but we assure you that debtors have actually tried to lead us up the garden path with these excuses. Feeling ashamed on their behalf, we present: the...
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Bierens opens office in Rome

Bierens is opening a new office in Rome. Do you have one or more non-paying business partners in Italy? Terms of payment can run longer than those you are used to. The Italian legal system is based on protection of the debtor, which often means that the creditor has to exert more effort to substantiate its claim or legal action. For successful recovery of your invoices, extensive knowledge of the culture, language and regulations is essential. In Italy, the majority of companies are family...
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European Order for Payment: an Evaluation

It has been seven  years now since the European Order for Payment proceedings (EOP) took effect. These uniform European proceedings aim to make recovering cross border claims easier and cheaper. But did this instrument reach its goal and does it facilitate international debt recovery? Our international attorneys share their experiences. The Promise of the Order for Payment Payment arrears are an important cause of insolvency and endanger the continued existence of companies, in particular...
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Bierens winner of award for ‘most successful debt recovery firm 2015’

Bierens proudly presents its winning the Dutch award for the most successful debt recovery organisation of the many debt recovery and law firms in the Netherlands. As a company, we have proved that we stand out in our industry for our know-how, international positioning, ambition, continuity and innovativeness. Our enthusiasm and our core values have been instrumental in the independent Dutch National Business Success Award Institute selecting us as Holland’s most successful debt recovery firm...
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Current situation in Greece: Some guidance for businesses

Are you trading with Greek companies, facing a delay on receiving a payment or rely on a Greek supplier? This article aims to explain what the current economic and political situation in Greece would mean for you. First things first: many people hear about the term ‘’Capital Controls’’ but how does this measure affect a foreign company? First of all, if put simply, the term ‘’controls’’ means that Greek banks are closed and cash withdrawal from a Greek Automatic Banking Machine is limited....
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Introducing… French lawyer Philippine Pouzet-Dolbeau

I am a 27-years-old French lawyer, originally from Lyon, living in Amsterdam since the beginning of 2015. After finishing French law, with a major in Judicial and Procedure Law, I completed a two year training at “L’ Ecole Nationale de Procédure” (National school of Procedure) in France. Also, I have passed the National Bailiff Exam. Although I was destined to become a Bailiff in France, I came to the Netherlands with my husband and decided to utilise my skills and my experience at Bierens...
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Introducing… Greek lawyer Maria Fotsala

My name is Maria Fotsala and I was born and raised in Greece. I recently moved to the Netherlands and gladly joined the Bierens International legal team in Amsterdam. I have a law degree and a master in European Law, with further specialization in Commercial and Contract Law, Banking and Securities Law, Insolvency and Restructuring Proceedings. Following my legal education, I completed my law training in a well-known law firm in Athens. In 2009 I was qualified as a lawyer and have become a...
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Debtor excuses top-10

Loopholes, denials and threats. Our lawyers regularly are confronted with the creative excuses of debtors. Though some excuses may bring a chuckle, others are downright disturbing. We present to you: the excuses top-10.   10. I don’t know nothing To prevent loss of face, responsibilities of financial troubles are often blamed on others. The post office is a popular scapegoat. “I have never received anything from Bierens”, or “I have received registered letters, but the envelopes were...
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Cross-border debt recovery will be easier

The position of creditors with receivables abroad has improved as a consequence of a recast of the Brussels I Regulation on January 10, 2015. Brussels I determines which court is competent in cross-border cases. The revision of this Regulation has important consequences for international debt recovery and should contribute to a more rapid completion of claims and disputes. What do these changes mean for you if you have a dispute with a foreign business partner? We will discuss the two most...
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Introducing… British lawyer Amy Cotter

“I am a British expat, originally from the Midlands, living in the Netherlands. I have lived in many places across the UK, and also in France and Spain. I completed my legal education at the University of Hull, Leeds Metropolitan University, and l’Université Pierre Mendès in Grenoble, France. During my studies, I won a Commercial Law competition, designed to assess practical ability and commercial awareness. I have always worked in the commercial sphere. I chose to specialize in Civil...
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The competent court in cross border disputes: home advantage or an away game?

Conducting business internationally is a matter-of-course for many entrepreneurs. But what to do if a dispute arises with a foreign business partner and it concerns a breach of contract? Can this dispute be brought before the Dutch Court or do legal proceedings need to take place in the opposing party’s country? The answer to this question may be the deciding factor when making up one’s mind whether starting up legal proceedings against a foreign opposing party would be worthwhile from an...
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Debt recovery: what justifies the costs to be incurred?

If you engage the services of a debt recovery agency that works based on No Cure, No Pay, be sure to pay close attention. There may be a catch somewhere. The term suggests that you do not pay anything if they do not collect. In practice, however, it turns out that afterwards, when a claim is not collected, you are still faced with file or administrative costs. Often, No Cure, No Pay debt recovery is therefore not entirely free-of-charge, in which case the term is not used correctly. Thus, when...
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Introducing… Romanian lawyer Alexandru Buzamet

I am Alexandru Buzamet, a 30 years old lawyer from Romania. I was born in 1986 in Bucharest, a few years from what would determine and mark the reborn of democracy and capitalism in Romania, the 1989 Revolution. Since then, Romania has evolved in all aspects of society, building a new economy based on capital and newly trained professionals. After graduating in 2009 from the Faculty of Law, University of Bucharest, I followed the Master program in Business Law, covering Insolvency procedures,...
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Is your business ‘SEPA-ready’?

As of 1 February 2014, Europe is going to implement the joint exchange of financial information: Single Euro Payments Area, abbreviated to SEPA. This initiative from the European Union aims to standardize all euro payments within Europe. This means that there will be no difference then between national payments and a euro payment to or from another European country. The implementation of SEPA could have few or major consequences for businesses. We will outline the most important changes for...
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Conducting business with companies in Arab countries

Trading with Arab countries has become quite common these days. When conducting business with foreign companies, there is always a chance that your customer does not pay. All is well, until it becomes apparent that your business partner has flown the coop. He cannot be located or it becomes evident that he is unable to pay your invoices. What might you consider when doing business with an Arab country? As is usual in the Western business world, it is sensible to gather as much information on...
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New extrajudicial payment agreement in Spanish insolvency law

The Spanish so called “Entrepreneurs´ Law”, Ley 12/2013, introduces an important change to the scenario of extrajudicial agreements aimed at avoiding liquidation proceedings (bankruptcy). Effective from 18 October, a debtor has the option to request an extrajudicial payment agreement, as per articles 231 to 242 of the Spanish Insolvency Law, Ley 22/2003, which have been newly created as an alternative to the pre-insolvency procedure currently in place. The main differences between the existing...
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Collection in China

Over the last few years, China has rapidly developed into one of the largest trading partners in the world. Wherever you go, you will find products that were “made in China”. Growing export Although you may not consider it at first, it is not just China’s export market that has experienced explosive growth. As a result of major production, China imports large quantities of raw materials and equipment from all over the world. The Netherlands benefits in particular from the...
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Expansion to Antwerp for Bierens Debt Recovery Lawyers

Veghel/Antwerp, October 2012 – Recently, Bierens Debt Recovery Lawyers opened an office in Antwerp. The new office will allow this law firm, with its unique international proposition and which, meanwhile, has two Dutch and five international offices, to serve its Belgian clientele even better. In addition to business-to-business debt recovery, this law firm provides legal assistance with procuring international trade and is, therefore, entirely at the right place in Antwerp. 60 years...
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ASNEF – a new tool for payment

You might have noticed that recovering your claim in the south of Europe has recently become more and more difficult due to the financial crisis. Obtaining credit with the bank is now a lot more complicated, causing companies to hang on to their own funds for much longer. Especially foreign business partners draw the short end of the stick, as debtors might feel that there is a safe distance from your company. Fortunately for you, this is far from the truth. At Bierens Debt Recovery Lawyers,...
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