Embed Size (px)
Citation preview
1
DEBT COLLECTION IN
THE NETHERLANDS
A presentation brought to you
by BridgeWest.eu
2
Debt Recovery in the
Netherlands >>
• When businesses or individuals struggle financially they
may overdue their payments.
• Our team of local lawyers is specialized in debt
collection in the Netherlands.
• Our Dutch lawyers can help you recover any
outstanding debts from your collaborators.
3
>> Debt Recovery in the
Netherlands
• Debt recovery in the Netherlands can be made in
two ways:
by drawing up a bankruptcy application for the
debtor;
by collecting the debts with the help of a court
order.
4
The Debt Collection
Procedure in the Netherlands >>
• Any debt collection procedure in the Netherlands
starts by analyzing the information supplied by the
creditor.
• The debtor’s identity and identification details are
needed, as well as any documents that prove the
relationship between the two parties.
5
>> The Debt CollectionProcedure in the Netherlands >>
• The first measure Dutch debt collectors take is to send
a demand letter (summons) to the debtor.
• If the debtor does not respond to the summons in
approximately six weeks, another notification is sent.
• If the debtor cannot be reached, it becomes necessary to
initiate court proceedings.
6
>> The Debt CollectionProcedure in the Netherlands
• According to Dutch law, there are several ways in
which creditors can legally collect their debts:
by obtaining a title of enforcement;
by filing a petition for bankruptcy;
by making a conservatory arrest;
by using other methods of enforcement.
7
The Summary Proceedings
in the Netherlands >>
• Summary proceedings are usually considered when the
debtor has no justifiable reasons not to pay his debts.
• This type of debt collection procedure in the
Netherlands takes place at a Dutch District Court.
8
>> The Summary Proceedings in the Netherlands
• The summary proceedings for debt collection in
the Netherlands imply a judgment.
•The defendant (debtor) is summoned by a bailiff
to attend the proceedings.
•The judgment usually takes around one or two
weeks.
9
The Ordinary Proceedingsin the Netherlands >>
• The ordinary proceedings for the debt recovery in
the Netherlands usually take more than the summary
proceedings.
• They also start at a Dutch District Court.
10
• A petition for bankruptcy can also be used, however,
insolvency can only be declared by court.
• At least two creditors must make claims against the
same Dutch debtor before this type of petition can be
taken into consideration.
>> The Ordinary Proceedings in the Netherlands
11
Legal Assistance in the
Netherlands
• When dealing with debt recovery in the
Netherlands, it is advisable to use the help of a law
firm, which can provide you legal advice on the
matter.
• For assistance with the issues related to debt
collection procedure in the Netherlands, you
may contact our Dutch lawyers.
12
Thank you for your
attention!
Please contact us for more information at:
(+44)203-287 0408
http://www.lawyersnetherlands.com/
