AREAS OF LAWDebt collection law

Debt collection letter accompanied by draft summons

DEBT COLLECTION LAW
Collection, attachment and execution law

Amstel Advocaten has a very effective way of tackling debt collection law. Our approach involves us sending a demand letter and a draft summons at the beginning of a collection procedure. What is more, we frequently telephone defaulters to ascertain the exact reason why they are unable to pay. Sometimes there is a good reason for this and it may then be a good idea for the creditor to agree a repayment schedule. The costs of the collection procedure are recovered in full from the debtor. Consequently, a successful collection procedure will cost you, the creditor, nothing.

Debt collection procedures can vary considerably in terms of length of time. Sometimes a debtor will pay immediately after the first demand. In other cases more pressure will have to be brought to bear. During this process, the following measures are possible:

  • demand letter
  • (draft) summons
  • interim injunction proceedings
  • petition for bankruptcy order
  • pre-judgement attachment of the debtor’s property
  • pre-judgement attachment by garnishment (wages or bank account)
  • attachment in execution
  • termination of attachment
  • qualified rights and preferential claims
  • sale by execution of premises and mortgage
  • penalties and contractual fines
  • general terms and conditions

NB! Your general terms and conditions are important. If you have included in this the payable standard percentage for extrajudicial collection costs and/or the contractual interest, this will simplify the collection process. Amstel Advocaten can advise you accordingly.

Our method means that we are very effective when it comes to collecting debts, much to the satisfaction of our clients. If someone fails to respond to the collection letter and draft summons, the summons will then be served on the debtor by the bailiff we always work with.

If payment still fails to materialise, the case will be submitted to the court for a ruling. In this way the debtor can be forced to make full payment. If he still fails to comply, we can arrange for an attachment in execution or, if necessary, file a petition for bankruptcy.

DIRECT CONTACT WITH A COLLECTION LAW SPECIALIST

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