Fees: partial debt collection for international cases

If your claim is partially being collected, there is always a reason behind this. In most cases, your case is either disputed or your debtor is bankrupt.

Sometimes, however, it also occurs that a client prefers that the costs are not recovered from the debtor. That's a shame since it is the debtor who is at fault. According to the legal system, your debtor should pay the interest and costs, not you!

There is no excuse for a debtor not having to pay interest for late payment. Often, we can negotiate agreements that satisfy both parties, and serve as a learning experience for the debtor. After all, late payment must be prevented for all future payments. The debtor cannot delay payment until the case has been transferred for collections. Having an accommodating attitude will only result in the debtor paying even later.

Our office has a separate department that recovers the interest and costs from the debtor, without court intervention. If the debtor does not pay or refuses to reach a settlement, then with your permission, we can recover these costs by taking legal action.

As an international law firm specialising in debt collection, we are one of the few, if not the only one, who is able to collect the outstanding claim and recover the costs from a debtor in the event of an international debt collection.

Suppose you have a claim on an Italian debtor of €20,000,-. With interest and costs included, this debtor must pay €24,000,-. The Italian debtor then pays the principal sum of € 20,000,- and refuses to pay interest and costs. He feels safe in his own country and expects that you will not litigate in Italy for the remaining €4000,- in additional costs.

With our knowledge in international law, we explain to the debtor in Italian that Dutch law applies to the agreement and that the Dutch court is competent. This means we can sue the Italian debtor in a Dutch court and that Dutch law on collection costs will apply. We will also clarify that we can enforce a judgement obtained in the Netherlands in Italy without the intervention of an Italian court.

Thanks to our knowledge and experience in this area, we can usually recover all or a portion of the costs from foreign debtors, which will result in you having to incur few or no costs from the collection.

Where other collection agencies charge 15% in costs for a successful collection, with our firm you have no or minimum costs. In the example above, with Bierens you will be able to recover the full €20,000,- while most other firms can collect €17,000,-  at most.

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