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.