Debt Collection in the Netherlands

Law & More helps entrepreneurs collect unpaid invoices in the Netherlands and across borders, from the notice of default to proceedings, prejudgment attachment and enforcement by a bailiff. We support you in negotiations with the debtor, in disputes about the underlying contract and before the Dutch courts, in Dutch and English. The first step is a free introductory meeting in which we review the contract, the invoices and the correspondence.

Clients rate Law & More 9.6 out of 10 on Klantenvertellen, the Dutch review platform (81 reviews, as of October 2026).

What can we help you with?

• an invoice that remains unpaid after reminders, where a formal demand letter (ingebrekestelling) is the next step;
• a debtor who complains about the goods or services, relies on general terms and conditions or sets off a counterclaim;
• negotiating a payment arrangement or a settlement that the debtor will actually keep;
• securing your claim through prejudgment attachment when you suspect assets are being moved out of reach;
• a debtor established in another EU Member State; see also international debt collection;
• assessing whether a bankruptcy petition is justified, together with our bankruptcy lawyers;
• enforcing a judgment through a bailiff (deurwaarder).

When is a debtor in default, and what should a demand letter contain?

As a rule a debtor is in default only after a written notice that allows a reasonable period for payment has expired (Article 6:82 of the Dutch Civil Code). From that moment you are entitled to statutory interest and to damages for late performance.

A debtor is not automatically in default merely because payment has not arrived. Article 6:81 of the Dutch Civil Code describes default as the position the debtor is in once performance has failed and the statutory requirements are met. Article 6:83 sets out situations in which default arises without any notice, for example where a fixed period for payment was agreed and has expired, or where the debtor has made clear that he will not pay.

A sound demand letter identifies the agreement and the invoices, states the sum due, sets a reasonable period and announces the consequences of non-payment. The law does not fix that period. A period that is too short may be treated as no valid notice at all, which delays the rest of the route.

Which interest and collection costs can you claim?

Between businesses, Article 6:119a of the Dutch Civil Code provides for statutory commercial interest, which is higher than the ordinary statutory interest in consumer relationships. Reasonable extrajudicial collection costs can be recovered under Article 6:96, usually according to a statutory scale.

The commercial interest rate follows, under Article 6:120, from the refinancing rate of the European Central Bank increased by eight percentage points.

For most claims the extrajudicial costs are fixed by the Decree on compensation for extrajudicial collection costs (Besluit vergoeding voor buitengerechtelijke incassokosten). It applies a sliding scale to the principal sum: the percentage decreases as the principal rises, subject to a statutory minimum and maximum.

Which court hears your claim, and when are summary proceedings an option?

Money claims up to a statutory threshold go to the subdistrict court (kantonrechter), where a party may appear without a lawyer. Claims above that threshold go to the district court (rechtbank), where representation by a Dutch lawyer is mandatory.

Where the matter cannot wait, the interim relief judge (voorzieningenrechter) may be asked for a provisional order in summary proceedings (kort geding). For a money claim this is realistic only where the claim is sufficiently clear, there is a genuine urgent interest and the risk of non-recovery has been weighed.

How do you secure and enforce your claim?

Before or during proceedings, a creditor can ask the interim relief judge for leave to levy prejudgment attachment (conservatoir beslag) under Article 700 of the Dutch Code of Civil Procedure. After judgment, a bailiff enforces it by executory attachment on bank accounts, wages or other assets.

The application for attachment is made by a lawyer, usually without the debtor being heard. If leave is granted, the court fixes a period within which proceedings on the merits must be issued, failing which the attachment lapses. Attachment freezes the asset; it does not transfer ownership.

A judgment becomes enforceable once served on the debtor by a bailiff. Any prejudgment attachment already in place then converts into executory attachment, and the bailiff may proceed to sale if payment still does not follow.

A creditor can also petition for the bankruptcy of a debtor who has ceased to pay (Article 1 of the Dutch Bankruptcy Act), but a genuinely disputed claim is unsuitable for that route.

What if the debtor disputes the invoice or is based abroad?

A disputed claim is no longer a question of pressure but of proof, and it will normally be brought before the court on the merits. For an uncontested claim against a debtor in another EU Member State, a European Payment Order offers a simplified route.

Debtors frequently answer a demand with a complaint about the goods or services delivered, an appeal to general terms and conditions, or a set-off against a counterclaim. The documentation then becomes decisive: the contract, the order confirmation, whether the terms were validly incorporated, delivery records and contemporaneous complaints. These questions sit at the intersection of contract law and corporate law in the Netherlands.

Where the debtor is established elsewhere in the EU, European rules determine which court has jurisdiction and how a judgment is recognised. If the debtor lodges a statement of opposition to a European Payment Order, the matter continues as ordinary proceedings.

How does working with Law & More work?

1. Introductory meeting: you explain the claim and we review the contract, the invoices and the correspondence, free of charge.
2. Advice and cost estimate: we tell you which route fits, what can realistically be recovered and what each phase is expected to cost.
3. Approach and negotiation: we send the demand letter, negotiate with the debtor and, where needed, apply for prejudgment attachment.
4. Proceedings or completion: we issue proceedings and arrange enforcement, or record the settlement or payment arrangement in writing.

What does debt collection cost?

The introductory meeting is free of charge. After that we work on an hourly basis, and we agree the rate and the expected effort with you in advance.

• Lawyer: 250 to 350 euros per hour, excluding VAT.
• Partner: 300 to 400 euros per hour, excluding VAT.
• One-off advice meeting without further assistance: 300 euros including VAT.

Law & More does not work on legal aid (toevoeging). Legal aid exists through the Legal Aid Board (Raad voor Rechtsbijstand), but we do not work on that basis. External costs such as court fees (griffierecht) and bailiff's fees are charged separately.

Part of your costs may be recovered from the debtor: statutory interest, extrajudicial collection costs under Article 6:96 and, in proceedings, an order for costs against the losing party. How much is actually collected depends on the outcome and on the debtor's ability to pay, so it cannot be stated in advance. Our fee is not made dependent on the result.

Who handles your case?

Your case is handled by one of our lawyers. In the introductory meeting you hear who that is and how we approach your case. You can read more about their background on our team page.

Which related services may be relevant?

Your question may touch on other areas as well. These pages explain how we can help.

• Civil lawyer in the Netherlands
• International debt collection
• Civil proceedings
• Appeal lawyers
• Liability lawyer
• Claims for damages

Frequently asked questions

Must I always send a demand letter before claiming interest?

As a rule yes, because Article 6:82 of the Dutch Civil Code requires a written notice allowing a reasonable period for performance. Article 6:83 provides exceptions, for instance where a fixed payment deadline was agreed and has passed, or where the debtor has said he will not pay.

What is a reasonable period in a notice of default?

The law does not fix one. It depends on the nature of the obligation, the relationship between the parties and what the debtor needs in order to pay. A period that is too short may be treated as no valid notice at all, so the period should be chosen with the specific debtor and invoice in mind.

Can I recover my full legal costs from the debtor?

Rarely in full. Extrajudicial costs are capped by the statutory scale under Article 6:96 of the Dutch Civil Code. An order for costs in proceedings is calculated according to fixed court rates rather than the fee actually incurred.

My debtor is in another EU country. Where do I sue?

Jurisdiction follows from European rules and from any choice of forum in your contract. For an uncontested money claim, a European Payment Order can be a simpler route. If the debtor lodges a statement of opposition, the matter continues as ordinary proceedings.

The debtor disputes the invoice. Is collection still possible?

Yes, but the route changes. A disputed claim is unsuitable for summary proceedings or a bankruptcy petition and will normally be brought before the court on the merits. The outcome then turns on the evidence: the contract, the order confirmation, delivery records and whether your terms and conditions were validly incorporated.

When does prejudgment attachment make sense?

When there is a real risk that the debtor's assets will disappear before judgment. A lawyer applies to the interim relief judge under Article 700 of the Dutch Code of Civil Procedure, usually without the debtor being heard. If leave is granted, proceedings on the merits must follow within the period the court sets.

In doubt about your position? Tell us about your situation. We will let you know within one working day what your options are. Use our contact form, call +31 40 369 06 80 or e-mail info@lawandmore.nl.

Law & More, Marconilaan 13, 5612 HM Eindhoven (+31 40 369 06 80) and visiting location Pietersbergweg 291, 1105 BM Amsterdam (+31 20 369 71 21). Available Monday to Friday 08:00-22:00, Saturday and Sunday 09:00-17:00.

This page provides general information and does not replace advice on your specific situation.