OUR LAWYERS ARE SPECIALISTS IN DUTCH LAW
Research shows that 30% of bankruptcies in the Netherlands are caused by unpaid invoices. Does your company have a customer who still hasn’t paid? Or are you a private individual and do you have a debtor who still owes you money? Then contact the Law & More debt collection lawyers. We understand that unpaid invoices are very annoying and undesirable, which is why we assist you from the beginning to the end of the collection process. Our debt collection lawyers can go through both an extrajudicial collection procedure and a judicial collection procedure with you. Law & More is also familiar with the law of attachment and can assist you in the event of bankruptcy. Finally, it makes no difference to us whether the debtor lives in the Netherlands or is established abroad. Because of our international background, we are qualified for more complex, disputed or larger claims.
When it comes to debt collection, you are probably thinking of a debt collection agency or bailiff than of a debt collection lawyer. This is because all three parties are able to collect outstanding debts. However, there are some essential steps in the collection process that in general can be carried out by a debt collection lawyer:
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1. Amicable phase. If your claim is collectible, then an amicable procedure can first be started by the debt collection lawyers of Law & More. In this phase, we try to persuade the debtor to pay by means of letters and/or telephone calls, possibly increased with statutory interest and extrajudicial collection costs.
2. Negotiations. Do you have good relationships with your counterparty, and would you like to maintain this good relationship? In this phase, we try to reach agreement between the parties through negotiations and, for example, make a payment arrangement.
3. Judicial phase. Going through the amicable procedure is not mandatory. If your debtor does not cooperate, our debt collection lawyers can draw up a summons and send it to your debtor. With the summons, the debtor is summoned to appear in court on a specific date. In a legal phase, we claim payment of the outstanding amounts and collection costs before the court.
4. The verdict. After your debtor has received the subpoena, he will then be given the opportunity to respond to the subpoena in writing. If the debtor does not respond and he does not appear at the hearing, the judge will issue a judgment in absentia in which he grants your claim. This means that your debtor must pay the invoice, the statutory interest, the collection costs and the procedural costs. After a verdict has been pronounced by the judge, the bailiff will serve this judgment on the debtor.
5. The verdict. Before the legal proceedings are started, it is possible to seize the property of the debtor. This is called a conservatory attachment. Preservation attachment is intended to ensure that the debtor cannot dispose of any assets before the judge makes a decision, so that you can actually recover your costs from the debtor. If the judge grants your claim, the pre-judgment attachment will be converted into an enforcement attachment. This means that the assets that have been seized may be sold publicly by the bailiff if the debtor still does not pay. Your claim will be paid with the proceeds of these assets.
The steps described above must be taken for each collection procedure. But what can you expect from Law & More’s debt collection lawyers when going through these steps?
• Analysis and advice on your legal position
• Direct and personal contact, both by telephone and e-mail
• Quality and involvement
• Act and respond quickly and effectively
• Sitting on top of the case
• Always think ahead and prepare the next actions
• Monitor payment terms and review invoices
• Negotiating with debtors
• Drafting and sending notice of default
• Prevention of prescription and use of interruption
• Drafting the summons
• Conducting legal proceedings
• Seizing and carrying out execution
• Handling international debt collection cases