A claim (in Dutch: vordering) is essentially a legally enforceable right to demand something from another party. This could include an outstanding invoice, the right to the delivery of a product, or compensation for damages. It is more than a request; it is a formal assertion protected by law.
Your Guide to Understanding a Claim
Have you ever come across the term ‘vordering’ and found yourself tangled in legal jargon? Think of it simply as a legally supercharged IOU. It’s not just a polite request for someone to pay up; it’s your formal, legally recognised right to demand something you’re owed, whether that’s money, a specific product, or a service.
Getting your head around this concept is fundamental for anyone doing business or living in the Netherlands. From freelancers making sure their invoices are paid to companies managing complex supply contracts, a solid grasp of what constitutes a vordering is the first line of defence in protecting your rights.
Why This Concept Matters
This idea is a cornerstone of Dutch civil and financial law, clearly defining the relationship between a creditor (schuldeiser) and a debtor (schuldenaar). Without a valid vordering, you have no legal ground to compel someone to fulfil their side of the bargain.
Its importance is clear when you look at the legal system itself. In 2018, Dutch district courts handled approximately 75,000 new civil claims, which was a notable rise of about 5% from 2014. These cases spanned everything from simple contract disagreements to complicated claims for damages. While about 60% of these claims are wrapped up within six months, the more complex ones can easily stretch beyond 18 months. You can discover more insights about Dutch legal claims on proz.com.
A vordering transforms a simple expectation into an enforceable right. It is the legal tool that empowers an individual or a company to seek what they are rightfully owed, backed by the full weight of the judicial system.
In this guide, we’ll break down everything you need to know. We’ll start with the basic building blocks of a claim and walk through the different types you might encounter. From there, we’ll map out the entire process—from making the initial demand all the way to enforcing your rights through the courts—giving you a clear and practical roadmap.
The Building Blocks of Every Legal Claim
A valid vordering isn’t just a random demand; it’s a carefully constructed legal right. To really get what makes a claim legitimate, you need to understand its three essential pillars. Take any one of them away, and the entire structure falls apart.
At its heart, every claim involves two key parties with opposite roles. First, you have the schuldeiser (creditor), the person or company who is owed something. On the other side is the schuldenaar (debtor), the one who has the obligation to provide it.
It’s a straightforward dynamic: the creditor has the right to demand, and the debtor has the duty to perform. Without both of these clearly identified parties, there’s simply no legal claim to speak of.
Defining the Performance
The second pillar is the prestatie (performance). This is the “what” of the claim—the specific thing being demanded. It’s the tangible outcome the creditor is entitled to receive.
The performance can come in a few different forms:
- A Sum of Money: This is the most common type, like when an invoice for services rendered goes unpaid.
- Delivery of Goods: A claim for a product that was paid for but never showed up.
- A Specific Action: Requiring someone to complete a task as agreed in a contract, like finishing a construction project.
- Refraining from an Action: A demand for someone to stop a particular activity, such as ceasing the unauthorised use of copyrighted material.
This level of clarity is vital. A vague demand like “compensate me for my trouble” just doesn’t have the specificity needed for a strong legal claim. Instead, a vordering must name an exact amount, a particular item, or a precise action. To see how these elements work in the bigger picture, you can learn more about what a claim is in our detailed article.
A vordering is essentially a legal equation: a specific Creditor is owed a specific Performance by a specific Debtor, all supported by a valid legal reason.
The Legal Foundation
Finally, and most importantly, every vordering must have a rechtsgrond (legal basis). This is the legal justification that gives the creditor the right to make the demand in the first place. It’s the proof that the claim isn’t just a wish, but an enforceable right.
The term vordering itself comes from the Dutch verb ‘vorderen,’ which means ‘to claim’ or ‘to demand,’ highlighting its formal nature. Its use in law has grown as commercial complexity has increased, with some estimates suggesting over 40% of SMEs engage in formal claim processes each year for receivables or contract enforcement. A legal basis typically springs from one of these sources:
- An Agreement (Overeenkomst): A signed contract is the most common legal foundation.
- A Wrongful Act (Onrechtmatige Daad): If someone’s wrongful actions cause you harm, you have a claim for damages.
- The Law (De Wet): Sometimes, the law itself creates an obligation, like the duty to pay taxes.
Without a solid legal foundation, a demand is just a request. With one, it becomes a powerful legal instrument.
A Practical Guide to Different Claim Types
Realising you have a valid vordering is a great first step, but it’s crucial to understand that not all claims are created equal. Think of it like a toolbox: you wouldn’t use a hammer to turn a screw. In the same way, different types of claims are designed for specific legal jobs, and picking the right one is essential for navigating the legal system effectively.
The most common and straightforward type is the vordering tot betaling van een geldsom (a monetary claim). This is what most people picture when they think of a legal claim: an unpaid invoice, a loan that’s gone into default, or any other situation where a specific sum of money is owed. The goal here is simple and direct—to get the money you’re due.
Beyond Simple Payments
But what happens when the issue isn’t about money? This is where the vordering tot nakoming (a claim for performance) enters the picture. This type of claim forces someone to follow through on a specific action they promised to perform.
For example, imagine you hire a builder to construct a garden wall, but they walk off the job halfway through. Your main problem isn’t a financial loss (yet); it’s that you have half a wall. A vordering tot nakoming would be the legal tool to compel the builder to complete the work as agreed in your contract.
Then there’s the vordering tot schadevergoeding (a claim for damages). This comes into play when you’ve suffered a loss because someone else acted wrongfully or failed to meet their obligations. The objective is to get financial compensation that puts you back in the position you were in before the harm occurred. A classic example is seeking compensation for repairs and medical bills after a car accident caused by another driver.
Comparing Claim Types in Dutch Law
To get a clearer picture, let’s break down how these different claims stack up against each other, especially when things get complicated, like in a bankruptcy. The table below shows the key differences.
| Claim Type | Description | Common Example | Priority in Bankruptcy |
|---|---|---|---|
| Monetary Claim | A right to receive a specific amount of money. | An unpaid supplier invoice for €5,000. | Usually Unsecured |
| Performance Claim | A demand for a specific action to be completed. | Forcing a software developer to deliver a promised app. | Depends on context; can become a damages claim if not fulfilled. |
| Damages Claim | A claim for financial compensation due to a loss. | Seeking payment for vehicle repairs after an accident. | Usually Unsecured |
| Preferential Claim | A claim given legal priority for payment. | Unpaid taxes owed to the Belastingdienst. | High |
| Unsecured Claim | A standard claim with no special priority. | A bill from a marketing agency for services rendered. | Low |
As you can see, while all are valid claims, their power and position can vary dramatically depending on the situation.
The Hierarchy of Claims in Bankruptcy
The distinction between claims becomes critically important when a debtor goes bankrupt. In a bankruptcy, there simply isn’t enough money to pay everyone what they’re owed. Because of this, the law establishes a clear pecking order that dictates who gets paid first from the remaining assets. This is the crucial difference between preferential and unsecured claims.
- Preferente vorderingen (Preferential Claims): These are the VIPs of the claims world. By law, certain creditors are pushed to the front of the line. This includes bodies like the Dutch Tax Administration (Belastingdienst) and the Employee Insurance Agency (UWV), which handles wage claims.
- Concurrente vorderingen (Unsecured Claims): This is the category for most everyday business debts, like unpaid supplier invoices, consulting fees, or service bills. These creditors are at the back of the queue and only get paid after every single preferential claim has been settled in full.
This ranking isn’t just theoretical; it has massive real-world implications. During Dutch bankruptcy proceedings, preferential claims like tax debts are always paid before unsecured claims from suppliers. Statistics show that preferential claims can account for 20-25% of all claims in a typical bankruptcy, which often leaves very little—if anything—for the unsecured creditors to share. You can find more detail on the official ranking of creditors on the Dutch government’s business portal.
In a bankruptcy, being a preferential creditor is like having a priority boarding pass for a flight with limited seats. Unsecured creditors have to wait and hope there’s any space left after the first group gets on board.
Understanding this hierarchy is vital for any business owner. If you’re a regular supplier, it’s a stark reminder that your vordering is unsecured, which puts you in a far more vulnerable position if a client’s business goes under. This knowledge helps you make smarter, more informed decisions about who you extend credit to and how you manage your outstanding debts.
The Journey of a Vordering from Demand to Payment
Once a vordering is established, it starts a journey that can range from a polite reminder to a full-blown court case. Understanding this lifecycle is key to managing expectations and taking the right steps at the right time, whether you’re the one making the claim or the one it’s being made against.
The process rarely kicks off with legal threats. Instead, it nearly always begins with a simple, friendly payment reminder. This is often followed by a more formal demand letter, known in Dutch as an aanmaning. This letter clearly states the amount owed and sets a final deadline for payment.
If these initial steps don’t do the trick, the process escalates. The journey of a vordering is essentially split into two distinct phases, each with its own set of rules and actors.
The Amicable Collection Process
The first phase is the minnelijk traject, or the amicable, out-of-court process. At this stage, the goal is to get the debt settled without dragging the legal system into it. The creditor, or often a debt collection agency they’ve hired, will try to work out a payment agreement with the debtor.
The communication here is persistent but not yet legally binding in a judicial sense. The main tools are letters, phone calls, and emails. It’s really a negotiation phase where both sides can potentially find a middle ground, like a payment plan, to sort out the claim.
If the debtor still doesn’t pay, the creditor might issue an ingebrekestelling (a notice of default). This is a crucial legal document.
A notice of default officially declares that the debtor has failed to meet their obligation within a reasonable timeframe. It is the final warning shot before the creditor can legally escalate the matter and potentially claim additional costs and interest.
Sending a correct notice of default is a critical step. Getting it wrong can seriously weaken the creditor’s legal position if the case eventually ends up in court.
The Judicial Collection Process
When the friendly approach fails, the journey moves into the gerechtelijk traject: the judicial process. This means the creditor has decided to take the case to court to get a legally enforceable judgment. This is the point where a deurwaarder (bailiff) often gets involved.
A deurwaarder is a public official appointed by the Crown who has the authority to serve official legal documents, like a summons to appear in court. Unlike a debt collection agency, a bailiff has real legal power to enforce a court’s decision.
The path through the judicial process typically looks like this:
- Summons (Dagvaarding): The bailiff delivers an official summons, notifying the debtor of the court case and the date they need to appear.
- Court Proceedings: Both parties present their case to a judge, who then reviews the evidence and makes a ruling.
- Judgment (Vonnis): If the judge sides with the creditor, they issue a judgment. This legally confirms the debt and orders the debtor to pay up.
- Enforcement (Executie): Armed with this judgment, the bailiff can take action to force payment, such as seizing assets or garnishing wages.
It’s also important to remember that a vordering doesn’t last forever. For more on this, our article on the statute of limitations for claims in the Netherlands offers a detailed explanation of the deadlines you must respect.
How to Enforce Your Legal Claim
Winning a court judgment (vonnis) for your vordering can feel like the finish line, but it’s often just the beginning of the final lap. A court’s decision in your favour is powerful, yet it doesn’t automatically transfer money into your account. To turn that legal victory into a financial reality, you need what’s known as an executoriale titel (an enforceable title).
This official document, granted by the court, is the legal key that unlocks the door to enforcement. It empowers a bailiff (deurwaarder) to take concrete actions to collect the debt on your behalf, moving beyond requests and into legally sanctioned measures.
Unlocking Enforcement with a Bailiff
Once you have an enforceable title, a bailiff can use several powerful tools to make sure your claim is satisfied. These methods are designed to access a debtor’s assets directly when they refuse to pay voluntarily. The approach taken usually depends on what is known about the debtor’s financial situation.
The most common enforcement methods include:
- Wage Garnishment (Loonbeslag): The bailiff can order the debtor’s employer to withhold a portion of their salary each month and pay it directly to you, the creditor.
- Bank Account Seizure (Bankbeslag): This allows the bailiff to freeze and seize the funds held in the debtor’s bank accounts to cover the outstanding debt.
- Property Lien (Beslag op Onroerend Goed): For significant debts, a lien can be placed on the debtor’s real estate, like their home or a commercial building. If the debt remains unpaid, this can ultimately lead to a forced sale of the property.
Each of these actions is a serious legal step that follows a strict procedure. For a deeper look into the practical side of this process, check out our guide on effective debt collection strategies in the Netherlands.
The Enforcement Process and Debtor Protections
This process isn’t a free-for-all; Dutch law includes important protections for the debtor to ensure fairness. For instance, when garnishing wages, a bailiff must leave the debtor with a protected amount (beslagvrije voet). This is a minimum sum required for basic living expenses like rent, food, and health insurance, ensuring the debtor is not left destitute.
An enforceable title transforms a court’s abstract decision into concrete action. It is the bridge between winning your case and actually getting paid, giving you the legal authority to compel payment through official channels.
Similarly, seizing assets involves a clear, regulated process. The bailiff first serves the enforceable title to the debtor, giving them one last chance to pay. If they fail to comply, the bailiff can then proceed with the seizure. This structured approach balances the creditor’s right to payment with the debtor’s right to fair treatment, ensuring that the enforcement of a vordering is both effective and just.
Navigating Common Mistakes and Pitfalls
Knowing the technical rules of a vordering is one thing, but sidestepping the common traps is what really makes the difference. Whether you’re the one chasing a payment or the one being asked to pay, a simple oversight can easily snowball into serious financial and legal trouble. Steering clear of these pitfalls is absolutely crucial to protecting your position.
For creditors, the path is littered with procedural landmines. One of the most common stumbles is failing to send a proper ingebrekestelling (notice of default) before taking things further. This formal notice isn’t just a courtesy; it’s often a strict legal requirement before you can claim extra costs or dissolve an agreement. Skipping it can seriously weaken your case right from the start.
Another critical error is simply losing track of the calendar. Every vordering is subject to a time limit, known as verjaring. For most business-to-business claims, this window is five years. If you let that deadline slip by without taking formal action, your legal right to collect the debt can vanish for good.
Common Creditor Mistakes and Best Practices
To keep your claim on solid ground, you need to be proactive and organised. Pay close attention to these key areas:
- Inadequate Documentation: Trying to prove your claim without clear contracts, signed agreements, or detailed invoices is an uphill battle. Best Practice: Keep meticulous records of everything—communications, contracts, payment histories—from day one.
- Ignoring Dispute Procedures: If a debtor formally disputes an invoice, you can’t just plough ahead with collections. Best Practice: Address any disputes quickly and professionally. Make sure to document your responses and try to sort the issue out before heading to court.
Pitfalls for Debtors
Debtors aren’t immune to risk either, and their biggest problems often come from doing nothing at all. The absolute worst mistake is to ignore official notices. A demand letter, a summons, or a notice from a bailiff is not junk mail to be tossed aside.
Ignoring it won’t make the vordering go away. It just hits the accelerator on the legal process against you and shrinks your window of opportunity to mount a defence.
Ignoring a legitimate claim is like ignoring a small fire in your house. It doesn’t put the fire out; it just gives it time to grow into an uncontrollable problem that will cause far more damage.
Failing to dispute a claim correctly and on time is another major pitfall. If you genuinely believe a claim is wrong or unfair, you have to formally challenge it within the legal timeframes. If you wait too long, the law may see your silence as an admission that you owe the money, making it much, much harder to fight later on.
Frequently Asked Questions About Dutch Claims
As you get to grips with the concept of a vordering, some practical questions naturally pop up. Let’s tackle a few of the most common ones to give you a clearer picture of how these claims work in the real world.
How Long Does a Vordering Last?
Like most legal rights, a vordering doesn’t last forever. It’s subject to a time limit, known in Dutch law as verjaring, or a statute of limitations. For the majority of business and consumer claims you’ll encounter, this period is five years, starting from the date the payment was originally due.
It’s crucial to act before this deadline runs out. Once the five years pass, your legal right to collect the debt can be completely extinguished. However, if you take the matter to court and get a judgment confirming the claim, the clock resets and extends significantly—a court judgment is typically enforceable for 20 years.
Can I Sell My Vordering?
Yes, you absolutely can. This is a very common practice in the Netherlands called cessie, which is the legal term for assigning or transferring your claim to someone else. Often, businesses will sell their outstanding claims to a specialised debt collection agency.
For this transfer to be legally effective, there’s one key step: the debtor must be officially notified. Once they are formally informed of the cessie, their legal obligation shifts. From that point on, they are required to pay the new creditor, not the original one.
So what’s the difference between a vordering and a factuur (invoice)? Think of it this way: the vordering is the fundamental legal right you have to be paid. The factuur is the piece of paper—the document—that proves and details that right. An invoice is the formal request for payment that stems directly from the underlying vordering.
While nearly every invoice represents a vordering, not all claims start with one. A claim for financial damages after a car accident, for instance, is a vordering that doesn’t involve an invoice at all.