Debt Collection Netherlands

Does your company have to deal with a debt collection case in the Netherlands because a dutch customer does not pay your invoice? Our dutch debt collection specialists and attorneys will be happy to help you. We ensure that your outstanding invoice is paid quickly.
Read here what we can do for you if you want to engage a debt collection agency in the Netherlands.

Meet our Dutch
debt collection specialists

International debt collection in the Netherlands

Although Dutch customers are one of the better payers in Europe, debt collection in the Netherlands still frequently occurs. With effective measures to collect your unpaid invoices in the Netherlands, our debt collection specialists and attorneys can explain everything you need to know for successful debt recovery in the Netherlands. For example, the bankruptcy petition is one of the most common procedures in the Netherlands, one that is also very easy to initiate when dealing with debt collection in the Netherlands. If your Dutch debtor has left you with an unpaid invoice, then don’t delay your case further and take action today. With Europe’s leading debt collection agency and law firm by your side, we can solve your debt collection in the Netherlands.

What are the Benefits of collecting debts in the Netherlands with Bierens?

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Dutch speaking attorneys: Meet our debt collection experts

Founded in Veghel, the Netherlands, Bierens Collection Attorneys is the household name for debt collection in the Netherlands. Established in 1952, Bierens has over 70 years’ worth of B2B debt recovery knowledge and experience in the Netherlands. With our headquarters in Veghel and international team in Amsterdam, we can help you with debt collection across the Netherlands.

Moreover, with a team of over 115+ experts, there is always an experienced attorney who knows the ins and out of debt collection within different industries. By combining the knowledge and experience of our native Dutch attorneys and our international team, we are able to overcome any language and cultural barriers for cross-border debt collection cases. With their hands-on legal experience, they can tell you everything you need to know on legal procedures for your debt collection in the Netherlands.

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Debt collection procedure in the Netherlands

There are two phases that may be applicable for your debt collection process in the Netherlands. During the extrajudicial phase, collection takes place without Court intervention. During the judicial phase, we do involve the Court in order to make your Dutch debtor pay. Because we are a law firm, we can assist you during both stages. In the Netherlands, more than 95% of debt recovery matters are resolved during the extrajudicial phase, without Court intervention.

Extrajudicial phase in the Netherlands

In principle, we always start the debt collection process with the extrajudicial phase. During this phase, we try to avoid the need to go to Court, as this can be expensive. We will contact your Dutch debtor to demand payment. At this stage, we have the following options:
Step 1

Written demand letters and phone calls

We send the debtor a written demand letter and contact them by telephone, requesting that they pay your claim within a few days, together with interest and costs.
 
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Draft a payment arrangement:

In some cases, we can agree to a brief payment arrangement. The advantage of this is that if the debtor does not adhere to this arrangement, there can be no discussion as to whether your claim is valid or not. After all, if the debtor agrees to a payment arrangement, then the claim is acknowledged by the debtor.
Step 2

Announcing legal proceedings

When no payment takes place, announcing legal proceedings will often convince your Dutch customer to pay. Your Dutch customer does not want to run the risk of legal proceedings being commenced against them.
What if the debtor refuses to pay during the amicable phase?
If your debtor refuses to pay during the pre-legal phase, we can, in consultation with you, start legal proceedings. For this, we do a credit check and analyze the financial situation of your debtor. This allows us to better assess how your debtor is doing financially and whether legal proceedings make sense. When the claim is disputed, we also must start legal proceedings in most cases.
Step 3

Judicial debt collection

If your debtor refuses to pay during the extrajudicial phase, after discussion with you, we can go to Court. We will always provide you with information in advance regarding the potential costs, and we only proceed with your permission. In the Netherlands, there are a number of legal proceedings you could commence to collect your claim.

Contingency-based debt collection agency in the United States

During the extrajudicial phase, we work based on a contingency fee. That means our fee is directly proportional to the amount we recover. We also aim to recover the interest and collection costs from your debtor as much as possible in order to maximize your profits.

In the highly unlikely event that we do not collect anything, you will not have to pay us any fees. You can find a full overview of our fees on our fees page.

Dutch debt collection laws

Invoices in the Netherlands by default have a payment term of 30 days. If your Dutch debtor fails to pay in the amicable phase once the claim is due and payable, then we can proceed with taking legal action in consultation with you. Often, debt collection proceedings waste no time in recovering your unpaid invoices in the Netherlands. Our attorneys can explain more on Dutch debt collection laws.

Bankruptcy petition in the Netherlands

The bankruptcy petition is one of the most effective means of debt collection in the Netherlands. The aim is not to have your debtor declared bankrupt, but to pressurise your debtor to pay. Because the stakes are much higher for debtors, they would want to avoid having been declared bankrupt at all costs. This means that Dutch debtors are more likely to pay their creditors with this debt collection measure.

Bankruptcy proceedings (“Faillissementsaanvraag”)

Bankruptcy proceedings can be started in an undisputed claim. Bankruptcy proceedings are very fast; a hearing will take place at Court within three weeks. During this hearing, the Court determines whether the debtor shall be declared bankrupt. In principle, however, the aim of the bankruptcy petition is to exert pressure on the debtor in order to obtain payment of your claim. Many debtors will pay very quickly. If the debtor is genuinely unable to pay, then they may be declared bankrupt. In that event, a Receiver will be appointed, who will then divide the assets of the debtor fairly among all creditors.

Ordinary civil proceedings

For both disputed and undisputed claims, it is possible to commence civil proceedings. This means that legal action is brought against the debtor. The Court may order the debtor to pay your claim. In these proceedings, evidence may be submitted in various ways. The Court will often attempt to persuade the parties arrive at a settlement. The disadvantage of these proceedings is that they take a relatively long time. On average, straightforward civil proceedings in the Netherlands take six months to a year. If the matter is complex, it can take even longer (approximately one to two years). There might also be an appeal, which adds to the time until the case is finally resolved.

 

International debt collection has never been easier with Bierens Collection Attorneys. We overcome any language, cultural and legislative barriers because we approach your debtor in their native language with our in-house specialists.

The best part is that we solve 95% of our cases without court intervention on a contingency fee basis. If your debtor fails to pay during this phase, then our efforts don’t stop just there. Our attorneys have the experience of local and international debt collection laws, which allows us to litigate on your behalf if necessary.

With Bierens by your side, no debtor can hide from us. You will not have to write off your debts or waste your time and money on a never-ending case. Find out what we can do for you below or contact us today for immediate action.

International collection laws

In addition to Dutch collection laws, there are also a few European measures that can be used if your Dutch customer refuses to pay
It is important for the European Union that trade between European countries is stimulated. Therefore, complicated procedures are unwanted. That is why, in addition to the normal procedures, two alternative procedures can be used for foreign claims between two EU countries:
European 1

Seizure of assets

If a Dutch client does not pay, our attorneys can have your debtor’s assets seized after acquiring an attachment order from the court. Your debtor will no longer be able to spend their funds in the run-up to a procedure and will be pressurised to pay the outstanding amount. A precautionary seizure can apply to monetary claims against the debtor's assets such as the bank accounts and moveable and immovable property. For more information and how to have your debtor's assets seized, contact our Dutch specialists.

Summary proceedings

If you have a relatively simple claim, or if the duration of the proceedings on the merits would have irreversible consequences, then with the summary proceedings a verdict can be announced within a limited amount of time. It is a much faster alternative, whereby the claim is submitted to the courts. However, for monetary claims, these proceedings are only applicable for simple and lightly disputed claims.

Summary-proceedings

Limitation period in the Netherlands

In the Netherlands, payment claims have a limitation period of 5 years, which applies as soon as the invoice is due and payable. There are some exceptions whereby different limitation periods apply. For example, for cases in the transport sector, 1 year is applicable instead. In some countries, limitation periods can be interrupted by sending a demand letter. Under Dutch law, the limitation period of invoices can also be interrupted by formal recognition of the outstanding amount by the debtor or by initiating legal proceedings.

Start your debt collection in the Netherlands today!

Start your debt collection case in the Netherlands today! While our Dutch Desk get started on your case, you can resume your regular business operations. Upload your case for immediate action or contact our experts today.

If you prefer to speak directly with a debt collection specialist, feel free to contact us by phone at +1 929-202-4352.

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Find out how we have helped other clients with international collections including debt collection in the Netherlands

From simple debt collection cases to complex legal matters, from small businesses to multinationals across different industries, our specialists have assisted over 24.000 companies worldwide, including the Netherlands. Find out how our international specialists and attorneys have helped other companies in a similar situation and find the solution for debt collection in the Netherlands.

Frequently asked questions about debt recovery in the Netherlands

How does debt collection work in the Netherlands?

Debt collection in the Netherlands always starts in the extrajudicial phase where we send your debtor customized demand letters and contact them by phone. If your debtor disputes the claim or fails to respond, then we can proceed by taking legal action in consultation with you.

How will you recover my debt in the Netherlands?

We will always contact your debtor by sending an initial demand letter, which we also follow up with a phone call. That way we avoid any form of miscommunication. Our approach is always firm and respectful, and you will always be informed of the status of your case.

What are the costs for debt collection in the Netherlands?

We handle all out-of-court cases on a contingency fee basis, also for debt collection in the Netherlands. We aim to recover the principal amount including interest and costs from your debtor. If we do not collect, then you pay no fee. If you decide to take legal action against your debtor, then we move to an hourly or fixed fee. We do not have any hidden costs and will always consult you before proceeding with any kind of legal action.

How long does an average debt collection procedure in the Netherlands?

This depends on each situation and debtor. We always start in the amicable debt collection phase. This process takes a relatively short time because we provide your debtor with limited time to complete the payment. When starting your case, your case worker will provide an estimate of the duration of your case. Should your debtor fail to respond, then our specialists and attorneys can provide you with an expected outcome or course of action within 4 weeks. If legal proceedings are necessary, the debt collection process takes longer. The duration depends on the legal proceedings and on whether the debtor raises a defence.

What chances do I have for successful debt recovery in the Netherlands?

The chance for a successful recovery depends on the nature of your debt collection case. We solve 95% of all cases on a contingency basis. Our specialists and attorneys always do their utmost to ensure to collect your claim as fast and efficiently as possible. We always make sure to give you honest and practical advice that will deliver you the best results.

When is a debt collection case taken to court?

Our preference is to collect your claim without court intervention. Therefore, we always start a collection in the amicable phase. If this has no effect, then we will discuss your judicial options with you. We will never intiate court proceedings without your explicit consent.

How much does it cost to go to court?

The court fees depend on the value of the claim and the country in which litigation takes place. In some cases, the amount is fixed, but it may also depend on litigation procedure.

How long do legal proceedings take in the Netherlands?

The duration of legal proceedings in the Netherlands depends on the complexity of your case and ON whether your debtor raises a defence.

How long before a debt is written off in the Netherlands?

Payment claims in the Netherlands have a limitation period that differs compared to other countries. There are, however, several ways to interrupt this limitation period. For more information, it is best to contact our specialists.