SPECIALISATION

Debt Collection Law

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Debt Collection Law

Collection, seizure, and enforcement proceedings

Amstel Advocaten approaches debt collection law with great efficiency. At the start of a collection case, we send a demand letter accompanied by a draft summons. We also frequently call the debtor directly to understand the reason for non-payment. Sometimes, there is a valid reason, and a payment arrangement may be in the creditor’s interest. The costs of the collection procedure are fully recovered from the debtor, meaning a successful collection will cost the creditor nothing.

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The size of the claim can vary per collection case. Sometimes a debtor pays immediately after the first reminder. In other cases, more pressure needs to be applied. The following measures may be taken in this process:

  • Demand letter
  • (Draft) summons
  • Preliminary injunction
  • Petition for bankruptcy
  • Prejudgment attachment of the debtor’s assets”
  • Prejudgment garnishment of third parties (wages or bank account)
  • Enforcement seizure
  • Release of seizure
  • Limited rights and privilege
  • Enforcement of pledge and mortgage
  • Penalty payments and contractual fines
  • General terms and conditions

General terms and conditions

Note: Your general terms and conditions are important. Have you included a standard percentage for extrajudicial collection costs and/or contractual interest? This can simplify the collection process. Amstel Advocaten can advise you on this.

Our method

Our method enables us to collect effectively, to the great satisfaction of our clients After sending the collection letter with a draft summons, we always follow up with a phone call to the non-paying party. Sometimes, there is a valid reason for non-payment, or their administration is simply not in order What if the debtor is not impressed by the collection letter with draft summons? In that case, the summons is immediately served to the debtor by our regular bailiff If payment still does not follow, the case is brought before the court and a judgment is obtained. This allows us to compel the debtor to pay in full. If payment is still not made, we can proceed with enforcement attachment or, if necessary, file for bankruptcy.

Debt Collection (Standards) Quality Act

The proposed legislation introduces a registration requirement in a debt collection register for carrying out and offering extrajudicial debt collection services. An exception to this registration requirement is proposed for lawyers. This means that our profession is not obliged to apply for registration prior to carrying out or offering extrajudicial debt collection services. However, when providing such services, we are still bound by the standards set out in this law, as well as those of the Dutch Bar Association.

Get in direct contact with a collection specialist?

Annemarie Govers-Schotten

Annemarie

Govers-Schotten

LAWYER /
OWNER

JORIS leeflang

Joris P.

Leeflang

Lawyer

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