Debt collection in the Netherlands: the steps that work

Debt collection in the Netherlands follows a fixed order: a reminder, a notice of default, a formal demand for collection costs and, if needed, court proceedings and enforcement by a bailiff. The most important exception concerns consumers: you may only charge extrajudicial collection costs to a consumer after sending a correct fourteen-day letter.

Each step prepares the next one. A creditor who gets the early steps right has a stronger position in court and a better chance of recovering interest and costs. This article explains the steps under Dutch law, the deadlines that apply, and what to do if the debtor disputes the claim.

What rules apply to debt collection in the Netherlands?

The main rules are in Book 6 of the Dutch Civil Code (Burgerlijk Wetboek, BW) and the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering, Rv). For commercial transactions, the EU Late Payment Directive (2011/7/EU) has been implemented in the Civil Code.

The Civil Code determines when a debtor is in default, what interest you can charge and which collection costs you can recover. The Code of Civil Procedure determines which court hears your claim and how you can enforce a judgment. Since 1 April 2024, businesses that collect debts on behalf of others must also meet the requirements of the Debt Collection Services Quality Act (Wet kwaliteit incassodienstverlening), including registration.

When is your debtor in default?

A debtor is in default (verzuim) once a fixed payment deadline has passed or, if there is no fixed deadline, after a notice of default (ingebrekestelling). From that moment you can claim statutory interest and, subject to conditions, collection costs.

Under Article 6:82 BW, a notice of default is a written demand that gives the debtor a reasonable final period to pay. Under Article 6:83 BW, no notice is needed if the agreed payment term was a strict deadline, for example a payment date agreed in the contract as a final deadline. Whether a due date on an invoice alone is such a deadline is often disputed. In practice, a clear written demand is still wise, because it removes any argument about whether the debtor knew the payment was overdue.

What interest can you charge?

For a consumer debt, you can charge the statutory interest under Article 6:119 BW. For a commercial transaction between businesses, you can charge the higher statutory commercial interest under Article 6:119a BW.

The commercial rate is the reference rate of the European Central Bank plus eight percentage points. The government sets the rate every six months, so check the current figure before you calculate. If no payment term was agreed in a commercial transaction, interest generally runs from 30 days after the debtor received the invoice. The text of the article is available on wetten.overheid.nl.

Can you charge collection costs?

Yes, but only within the limits of Article 6:96 BW and the Decree on compensation for extrajudicial collection costs (Besluit vergoeding voor buitengerechtelijke incassokosten). The decree sets a sliding percentage scale based on the principal sum, with a minimum of 40 euros.

For a consumer, the rules are strict. After the payment term has expired, you must send a reminder that gives the consumer fourteen days, starting the day after receipt, to pay without extra costs. The letter must state the amount of the costs that will be charged if payment does not follow. If the letter does not meet these requirements, you cannot charge any collection costs at all. The scale is mandatory and cannot be increased in the terms and conditions.

Between businesses, you have more freedom. You can agree on a different amount of collection costs in your terms and conditions, although a court may reduce an amount that is clearly excessive. If nothing different was agreed, the scale in the decree applies.

How should you communicate with a late payer?

Short, clear and consistent: state what is owed, since when, how to pay and what follows if payment does not come. Confirm any payment arrangement in writing, including what happens if an instalment is missed, and make sure automated reminders to consumers meet the fourteen-day letter requirements.

What if the debtor disputes the claim?

Take the dispute seriously and check it quickly. If the complaint is justified, solve it; if not, collect your evidence and respond in writing.

A debtor who complains about the quality of the work or the delivery may have a right to suspend payment, for example under Article 6:262 BW if you have not performed your own obligations. If the complaint has no basis, set out why, with reference to the signed order, the delivery note or the emails that confirm the agreement. A well-documented reply often ends the discussion. If it does not, the documents form the basis for your court case. For claims against foreign debtors, see our page on international debt collection.

Which court should you go to?

Claims up to 25,000 euros go to the subdistrict court (kantonrechter), where you do not need a lawyer. Higher claims go to the civil section of the district court (rechtbank), where a lawyer is required.

The subdistrict court also hears certain claims regardless of their amount, such as claims based on an employment contract, a lease or a consumer credit agreement. If the claim is undisputed, the court will often give a default judgment when the debtor does not appear. If the debtor defends, the case usually involves a written round and sometimes a hearing.

If payment is urgent and the claim is clear, you can start summary proceedings (kort geding) before the preliminary relief judge (voorzieningenrechter). Courts are cautious with money claims in summary proceedings. They will only award the claim if it is very likely to succeed in full proceedings and if there is an urgent interest in payment now.

For a debtor in another EU member state, two simplified European procedures may help: the European Payment Order and, for claims up to 5,000 euros, the European Small Claims Procedure.

Can you secure the debtor’s assets before judgment?

Yes. If there is a real risk that assets will disappear, you can ask the preliminary relief judge for leave to levy a prejudgment attachment (conservatoir beslag) under Article 700 Rv.

The request is made by a lawyer and is usually decided on the same day or within a few days, without hearing the debtor. A bailiff then attaches bank accounts, goods or real estate. You must start proceedings on the merits within the period set by the judge. Be careful: if your claim is later rejected, you can be liable for the damage caused by the attachment.

How do you enforce a judgment?

Once you have a judgment, a bailiff (gerechtsdeurwaarder) can serve it and enforce it, for example by attaching the debtor’s bank account, salary or assets. A judgment can in principle be enforced for twenty years under Article 3:324 BW.

Check the limitation period of your claim before you start. Under Article 3:307 BW, a claim for payment under a contract becomes time-barred five years after it became due, and for consumer purchases shorter periods can apply. You can interrupt the period with a clear written demand for payment. If the debtor may be insolvent, get advice on whether a bankruptcy petition makes sense, as that route has its own requirements.

What should you check as a creditor?

Most collection costs are lost on formalities. Check:

• whether the payment term and your general terms were agreed before the delivery;
• whether the debtor is a consumer or a business, because the interest rate and the cost rules differ;
• whether your fourteen-day letter to consumers states the exact amount of collection costs;
• whether you have the order, delivery note and emails to prove the claim;
• whether the claim is still within the five-year limitation period of Article 3:307 BW.

What should you check as a debtor?

Not every demand is correct. Check:

• whether you received a correct fourteen-day letter before collection costs were charged to you as a consumer;
• whether the costs claimed stay within the scale of the decree on extrajudicial collection costs;
• whether the interest rate matches your status: statutory interest for consumers, commercial interest only between businesses;
• whether you have a defence, such as defective performance, that allows you to suspend payment under Article 6:262 BW;
• whether a written payment arrangement can prevent court proceedings and bailiff costs.

What can we do for you with debt collection?

Our corporate lawyers handle debt collection for Dutch and international creditors, from the first demand to enforcement. We can:

• check your terms, invoices and reminder letters against Articles 6:96 and 6:119a BW;
• send a notice of default and a correct fourteen-day letter;
• calculate the statutory or commercial interest and the collection costs;
• request leave for a prejudgment attachment under Article 700 Rv;
• start proceedings at the subdistrict court or district court and instruct a bailiff to enforce the judgment;
• respond to a demand on your behalf if you are the debtor and the claim is disputed.

Summary

• A debtor is in default after a strict payment deadline or after a written notice of default (Articles 6:82 and 6:83 BW).
• Commercial debts carry statutory commercial interest under Article 6:119a BW; consumer debts carry the lower statutory interest.
• Collection costs are limited by Article 6:96 BW; for consumers, a correct fourteen-day letter is compulsory.
• Claims up to 25,000 euros go to the subdistrict court, where you do not need a lawyer.
• A prejudgment attachment can secure assets, but it carries liability if the claim fails.