New Love, Old Debts: What Are Your Legal Risks In Dutch Law

New relationships bring shared plans—and sometimes old baggage: a forgotten credit card, telecom arrears, even a dusty judgment. In the Netherlands, “old debts” can resurface via incassobureaus, deurwaarders, or a BKR flag. Moving in, registering a partnership, or marrying raises hard questions: can a partner’s past debt reach you, and is it still enforceable?

The good news: Dutch law offers safeguards. Time‑barred claims (verjaring) cannot be enforced in court, unless the clock was properly reset (stuiting). By mapping the debt, checking dates, replying without acknowledging liability, and ring‑fencing finances with the right agreements, you can cut risk, stop pressure tactics, and pay only when legally necessary.

This guide turns those rules into clear steps. You’ll gather facts, test limitation periods, spot stuiting, weigh liability under your relationship regime, protect assets when cohabiting, respond to collectors, handle bailiffs, verify incasso costs and 14‑day letters, check BKR entries, and know when to involve a Dutch lawyer. Let’s begin.

Step 1. Gather the facts: debt types, key dates, and any court orders

Before you test verjaring or discuss partner liability, build a clean fact file. In Dutch cases, enforceability hinges on the claim type, when it became due (opeisbaar), what happened since (payments, acknowledgments, stuiting), and whether a court order exists. Gather documents—not memories—so dates, amounts, and parties are beyond dispute.

Debt type and origin: credit, telecom/energy, rent, medical, tax/benefits, fines.
Parties involved: original creditor, assignee, incassobureau/deurwaarder; assignment letters.
Contract and billing: agreement, general terms, invoices, reminders/aanmaningen.
Key dates: due date (opeisbaar), last payment, any written acknowledgment.
Possible stuiting: registered demands or emails that claim interruption.
Court/enforcement: dagvaarding, vonnis/grosse, dwangbevel, beslag, wage garnishment.
BKR entries: registration codes and start dates tied to the debt.

Step 2. Check limitation periods (verjaring) under Dutch law

To see whether “new love, old debts: what are your legal risks?” includes actual payment risk, test verjaring first. In Dutch practice, a claim becomes time‑barred after a statutory period that depends on the legal basis and whether a court title exists. The clock typically starts when the claim became due and payable (opeisbaar). If the period has expired without a valid interruption (stuiting), court enforcement is off the table.

Fix the legal basis: contract, rent/energy/telecom, tort, security/mortgage, or public‑law claim.
Pin the start date: use the first date the full amount was due (opeisbaar) per the agreement or invoice.
Check for a court title: a judgment or enforceable order follows different—and longer—rules.
Account for special regimes: some claims (for example, taxes/benefits or administrative fines) follow their own statutes.
Calculate the end date carefully: apply the correct statutory term to your start date and record the result.
Do not guess: verify the exact term in the applicable Dutch statute or get legal confirmation before you rely on verjaring.

Step 3. Look for interruptions (stuiting) that reset the clock

After you map the limitation period, hunt for any event that reset the clock. In Dutch practice, a seemingly harmless step—like a token payment or a written promise to pay—can revive an otherwise time‑barred claim. Formal court action also breaks the period; with a judgment in place, different and longer enforcement rules apply. This is where “new love, old debts” can still bite if dates were quietly reset.

Payment by the debtor: any transfer, wage deduction, or installment under a payment plan.
Written acknowledgment: a signed letter or email from the debtor (or agent) accepting the debt or asking time to pay without disputing it.
Court action or enforcement: service/filing of a summons, a judgment, or steps taken on an enforceable title.

Ask the collector to prove any alleged reset with statements or copies of acknowledgments; the burden sits with them. Until you verify dates, do not make “goodwill” payments or write “I will pay,” and respond without admitting liability to avoid creating fresh stuiting.

Step 4. Determine your relationship property regime and liability exposure

Before you decide who pays what, clarify the legal “frame” of your relationship. In the Netherlands, your exposure to a partner’s past debts turns on how you live together (cohabitation, registered partnership, or marriage), when that status started, and what you agreed before or after via a notary. For “new love, old debts: what are your legal risks?”, your first defense is knowing which assets are truly yours, which are shared, and what documents say about debts.

Confirm your status and start date: cohabiting, registered partnership, or marriage; write down the exact commencement date.
Find notarial deeds: prenuptial/partnership or cohabitation agreements; note clauses on separate property, household expenses, and debt allocation.
Map asset titles: who owns bank accounts, vehicles, valuables, business shares, and real estate; separate vs joint.
Trace funding sources: keep proof for gifts, inheritances, and personal savings used for major purchases.
Review loans between partners: document amounts and terms to avoid later disputes or “hidden” co‑mingling.
Check guarantees and co‑signs: identify any personal guarantees, joint credit lines, or cross‑collateral pledges.
Protect high‑risk touchpoints: reconsider joint accounts if one partner faces enforcement; separate day‑to‑day and savings.

This snapshot shows which assets a collector could realistically reach and which are defensible—and it sets up the household‑debt rules you assess next.

Step 5. Know when you can become jointly liable for household debts

“New love, old debts: what are your legal risks?” often turns on everyday spending. In Dutch practice, who signs—and for what—matters. Pre‑existing debts generally remain personal, but liability can spread through joint contracts, co‑signing, or the rules around ordinary household expenses for spouses and registered partners. Cohabiting partners do not gain automatic liability, yet shared arrangements can still expose joint money.

Jointly signed = jointly liable: Rent, energy, telecom, bank credit, and store finance in both names bind both of you.
Spouses/registered partners: Ordinary household expenses taken out by one partner can also bind the other; out‑of‑the‑ordinary or business debts usually do not.
Cohabitees: No automatic liability—exposure arises if you co‑sign, guarantee, or jointly own/finance items.
Joint accounts: Creditors of one partner may reach shared balances; keep clear records (and consider separate accounts).
Pre‑existing debts: Stay personal unless you refinance together, co‑sign, or otherwise assume the obligation in writing.

Document who signs what now—then move to asset protection before you combine households.

Step 6. Protect your assets when you move in together

When “new love, old debts: what are your legal risks?” becomes a practical question, protection starts before the first box crosses the doorstep. Bailiffs look at where assets are found and whose name is on contracts. Keep ownership clear, money streams separate, and paperwork ready to prove what is yours.

Sign a cohabitation agreement: Use a notarial deed to state separate property, a household‑costs formula, and buy‑out rules if you split.
Keep banking separate: Maintain individual accounts; if you open a joint account, set no overdraft and use it only for shared expenses.
Prove ownership: Keep invoices, bank proofs, and serial numbers; make a dated inventory signed by both partners.
Be cautious with joint contracts: Put rent/energy/telecom in one name if risk is high; add the other as user, not co‑debtor.
Avoid co‑signing and refinancing: Don’t turn a personal old debt into a joint liability.
Don’t hide assets: Avoid sham transfers; get advice before moving or gifting valuable items if enforcement risk exists.

Step 7. Respond to debt collectors without reviving old debts

When “new love, old debts: what are your legal risks?” turns into phone calls and emails, your goal is simple: take control without resetting the clock. Engage, but only on your terms. Keep it written, keep it neutral, and ask for proof before you pay, promise, or admit anything that could be treated as acknowledgment.

Keep it in writing: Tell them you’ll communicate by email/letter only and ask them to place the file on hold while you verify.
Dispute and demand evidence: Request the contract, invoices, assignment proof, a full payment ledger, and copies of any alleged acknowledgments or stuiting notices (with dates and service evidence).
Avoid acknowledgment or token payments: Use “zonder erkenning van enige aansprakelijkheid” and do not pay “goodwill” amounts pending proof.
Protect your data: Don’t share bank details or set up SEPA mandates until validation is complete.
Flag compliance points: Note you’ll assess incassokosten and any 14‑day letter separately (next steps).
Document everything: Save envelopes, emails, call logs, and delivery receipts.
De‑escalate threats: If they mention court, ask for the case number and seek advice before responding on the merits.

If contact shifts from a collector to a deurwaarder, treat it as potential enforcement and move to the next step immediately.

Step 8. Deal with bailiffs (deurwaarders) and enforcement actions

When a deurwaarder contacts you, you’re no longer dealing with ordinary collection. Deurwaarders enforce with an enforceable title (for example, a judgment). First, verify. Ask for their ID, a copy of the title, and a full, dated cost/claim breakdown. If they cannot show a title, treat it as normal collection and return to the earlier steps. If a title exists, act the same day—fast, calm actions reduce risk.

Request documents: the title, proof of service, calculation of principal, interest, and costs.
Mind deadlines: note any payment demand and scheduled enforcement dates; diarize immediately.
Protect partner’s property: show invoices/ownership proof and your signed inventory; ask the bailiff to record exclusions.
Essentials and exemptions: household necessities are protected; ask the bailiff to respect legal exemptions.
Income and bank: expect wage/bank attachment; check your protected minimum income and propose a realistic plan in writing.
Pay safely: no SEPA mandates; use references and avoid language that admits more than required.
Challenge errors: wrong person, time-bar before the title, or service defects—seek urgent legal review and request suspension.
Home access: forced entry requires specific authorization; don’t consent blindly—agree an inventory at the door where possible.

Step 9. Verify incasso costs, 14-day letters, and consumer rights

Before you pay a cent in “incasso” charges, test whether they’re actually owed. In Dutch consumer collections, extra‑judicial costs are only recoverable after a compliant 14‑day reminder (the veertiendagenbrief) and must be calculated transparently. This is where “new love, old debts: what are your legal risks?” often shrinks—invalid letters and padded fees are common.

Ask for an itemized breakdown: principal, interest (with dates/rate), incasso costs, and any VAT as separate lines.
Check the 14‑day letter: it must clearly state the principal due, give you a full 14 days to pay without costs, warn that incasso costs follow after that period, and be correctly addressed and dated.
No letter, no costs: if the veertiendagenbrief is missing or defective, dispute the incasso line and offer the principal only.
Watch the base for costs: incasso fees are calculated on the principal—not on interest, prior fees, or earlier “costs.”
One set of costs only: swapping collectors does not restart or stack incasso charges for the same debt.
Disputed or possibly time‑barred? State your dispute in writing and ask them to hold collection until they evidence enforceability; do not acknowledge the debt.
Differentiate court vs. pre‑court: once a bailiff enforces a judgment, statutory enforcement tariffs apply—don’t pay both those and pre‑court incasso on the same amount.

Keep copies of envelopes, emails, and delivery proofs. If the collector won’t correct clear errors, escalate your written dispute and maintain a paper trail.

Step 10. Check BKR registrations and plan for joint borrowing

Before you take on a joint mortgage, car finance, or even a shared credit card, find out what lenders will see. Order each partner’s Dutch credit registration overview and match every entry to your fact file. In practice, lenders assess both applicants; one negative record can cap the amount, raise the rate, or block approval. For “new love, old debts: what are your legal risks?”, a quiet registration can be as limiting as an active collection.

Map each entry to a debt: note creditor, dates, and current status; dispute any mismatch in writing with the registering party.
Sequence your goals: clear or settle still‑enforceable items before you apply jointly.
Optimize the application: consider a solo application by the stronger partner if policy allows, and avoid new credit or co‑signing until approval is secured.

Step 11. Use legal agreements—and avoid co-signing—to ring‑fence pre‑existing debts

Paperwork is your best shield. Pre‑existing obligations generally stay personal unless you assume them. To keep “new love, old debts: what are your legal risks?” from becoming “our debt,” put clear lines around property and payment responsibilities and resist anything that converts a past personal liability into a joint one. Use notarial agreements for status changes, a robust cohabitation contract for living together, and day‑to‑day habits that keep assets and cash flows separate. Above all, do not co‑sign, guarantee, or refinance an old debt.

Use a notarial deed: set separate property and debt exclusion.
Cohabitation contract: define cost‑sharing; exclude joint liability for prior debts.
Inventory and proofs: list who owns what, with invoices and payments.
No co‑signing or guarantees: don’t underwrite cards, loans, or leases.
Don’t refinance together: avoid turning a personal arrears into joint credit.
Limit joint accounts: no overdraft; use only for shared monthly costs.
Clarity letter: confirm in writing that old debts remain personal.

Step 12. Choose a resolution strategy for still‑enforceable debts

If your review shows the claim is enforceable, pick a strategy that protects your relationship goals—housing, savings, and peace of mind—while minimizing costs. Stay written‑only, keep numbers precise, and make every concession conditional on documented terms. “New love, old debts: what are your legal risks?” becomes manageable when you control pace, proof, and payment channels.

Tighten the balance: Demand a dated ledger; dispute padding; pay only what’s evidenced.
Pick your outcome first: Faster credit goals may justify a settlement; cash‑flow limits favor a plan.
Negotiate a plan: Propose an affordable schedule tied to your income; secure written suspension of enforcement and costs during compliance; avoid SEPA mandates.
Aim for settlement: Offer a realistic lump sum for “full and final” closure; require written confirmation of zero residual, no resale, and BKR update.
Protect the household: Keep payments from a personal account; don’t refinance jointly or co‑sign to solve a personal debt.
Freeze extras: Condition any deal on fixing incasso errors and a compliant cost calculation.
Document everything: Get signed terms, payment references, and a closure/release letter; archive for future mortgage underwriting.

Step 13. Consider cross‑border debts and EU enforcement rules

Old debts get trickier when borders are involved. A Dutch collector may chase a claim that arose abroad, or a foreign firm may write to your Dutch address. For “new love, old debts: what are your legal risks?”, split the problem: first, is the claim valid under the applicable law (including limitation)? Second, can it actually be enforced in the Netherlands?

Pin down law and forum: Get the contract and any jurisdiction/choice‑of‑law clause; note if you were a consumer.
Ask about a court title: No title = normal collection. A title = request a certified copy, proof of service, and a Dutch/English translation.
Recognition/enforcement: Clarify if recognition in the Netherlands is needed before a deurwaarder can act; ask what step they will take.
Mind the clock: Payments or acknowledgments abroad may affect limitation; avoid admitting liability pending proof.
Non‑EU angle: Foreign (non‑EU) judgments often need a Dutch court’s green light before enforcement—ask for their plan and timeline.
Protect funds: Keep communications written, avoid SEPA mandates, and verify any payee details carefully.

Step 14. Know when to involve a Dutch lawyer

If you’re unsure whether to pay, reply, or wait, a short consult can save thousands and prevent mistakes (like acknowledging a time‑barred claim). A Dutch debt and family‑property lawyer can pressure‑test verjaring/stuiting, halt unlawful pressure, structure safe negotiations, and ring‑fence household assets.

You received court papers: dagvaarding, judgment, or execution copy.
Enforcement is looming: beslag or loonbeslag is announced or started.
Verjaring is disputed: collector alleges stuiting you can’t verify.
Cross‑border twist: foreign claim or title to be enforced in NL.
High stakes: joint home, business shares, or imminent mortgage.
Incasso disputes persist: faulty 14‑day letter or padded costs.
Identity issues: wrong person, fraud, or mixed‑up files.
You need documents: cohabitation/prenuptial deed or settlement terms.

Counsel can verify enforceability, seek suspensions, contest costs/attachments, and represent you on urgent deadlines.

Next steps

Old debts don’t have to derail new plans. In the next 48 hours, build your fact file, calculate limitation with a cool head, and verify any alleged “resets” before you write or pay. Keep communication in writing, avoid wording that admits liability, and separate finances until you’ve ring‑fenced assets and clarified who is liable for what. If a deurwaarder appears or court papers land, act the same day—fast, precise steps protect your home, income, and relationship goals.

When stakes are high or the timeline is unclear, get a short, focused consult. A Dutch debt and family‑property lawyer can confirm enforceability, challenge costs, pause enforcement, and structure safe settlements. For clear, practical help tailored to your situation, speak to a Dutch lawyer at Law & More and move forward with confidence.