A letter from a collection agency or bailiff can be quite a shock. You may be ordered to pay within a few days, threatened with additional costs or even with seizure. Sometimes you even receive an official summons to appear in court.
Important to know: not every claim is justified and you do not have to simply pay everything. In this article, you will read all about your rights and obligations regarding debt collection and bailiffs, including practical tips, examples, and a checklist.
What is debt collection?
Debt collection means collecting an outstanding debt. This can involve:
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an unpaid bill,
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a loan,
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rent arrears,
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damages.
Debt collection can be carried out by:
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The creditor themselves (for example, a company or landlord).
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A debt collection agency (which sends letters on behalf of the creditor).
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A bailiff (has legal powers such as seizing assets).
Usually the process begins with a payment reminder: a letter from the creditor stating that you still have to pay the bill, often with a clear payment deadline. This letter also states which additional costs you must pay if you do not make payment within fourteen days.If you do not respond to this reminder, the creditor can have a debt collection agency engaged. This agency will send payment requests again, now often with collection fees on top. If payment remains outstanding, they generally call a bailiff in. The bailiff can actually come to your home with a summons—an official invitation to appear before the judge. How quickly this happens depends on the type of debt; for example, with rent arrears a bailiff show up at your door faster than with other debts.
👉 Note: a collection agency has no official enforcement powers. Only a bailiff can seize assets or serve a summons.
How can you check whether someone is really a bailiff?
Are you unsure whether the letter or email you receive really comes from a bailiff? Fortunately, there is an easy way to check this. Every bailiff is listed in the national register, which can be found at www.registergerechtsdeurwaarders.nl.If the sender cannot be found there, something is wrong and caution is advised.Also check the bank account number to which you are supposed to pay. An official bailiff always uses a Dutch account number in the name of the office – foreign numbers or account numbers in the name of a private individual are an important warning sign.
- In summary:
- Check whether the bailiff’s name is in the official register.
- Only pay to a Dutch bank account number that belongs to the bailiff’s office.
Unsure? Call the mentioned office using the number on their own website, not the phone number in the letter.
This way you avoid becoming a victim of fraud and can be sure you are dealing with a real bailiff.
Debt collection letter received: what now?
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Are you receiving a letter from a collection agency or bailiff?
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Check whether the claim is correct
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Have you ever received the invoice?
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Has the debt not already been paid?
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Is the claim not time-barred?
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Check the collection costs
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Statutory maximums apply to consumers.
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Costs above this amount are often invalid.
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Respond promptly
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Do not ignore the letter; this leads to higher costs or even a summons.How to avoid problems
A collection letter can be alarming, but by acting quickly and carefully you can keep the situation from getting out of hand. Pay on time if the claim is justified, or contact the collection agency or the bailiff immediately if you disagree. You can often ask for a payment plan. If paying is not possible, seek help as soon as possible, for example from debt counseling. Do not wait—taking action saves stress, extra costs, and legal proceedings.
How can you recognize an official letter or email from a bailiff?
- Are you unsure whether the letter or email really comes from a bailiff? There are a few things you can look for:Identification requirement:
- Every bailiff has an official ID card issued by the Minister of Justice. If in doubt, you may always ask to see it.Check the sender: Check the name of the bailiff via the national register at www.registergerechtsdeurwaarders.nl
- . If the name is not listed, be extra cautious.Bank account number:
- An official bailiff always uses a Dutch bank account number registered to their own office. Do you see a foreign account number? Contact the relevant bailiff’s office for confirmation.Still in doubt? Call the bailiff’s office and ask for verification, or contact the Royal Professional Organization of Bailiffs (KBvG)
.
This is how you avoid becoming a victim of a false claim or scam.
How quickly will the bailiff show up at your door?
- Many people wonder: how quickly can the bailiff actually come by if you have an outstanding debt? The answer varies by situation.First a reminder:
- You will usually receive one or more reminders first, often with collection fees. You are then given a period (often 14 days) to pay.No response:
- If you do not pay or respond, the creditor can immediately engage a collection agency or bailiff. For some bills, such as rent arrears, action is often taken more quickly.Urgency with certain debts:
For example, with rent arrears the bailiff can sometimes be at your door with an official summons after just a few weeks. With other debts it often takes longer.
Note: the exact speed depends on the type of debt, the creditor’s policy, and how quickly you respond to letters. In all cases: the sooner you respond, the smaller the chance of extra costs and legal action.
Why contact the bailiff yourself first?Do you have an issue with how the bailiff operates, or doubts about how you were treated? It often pays to first contact the bailiff’s office directly. Most bailiffs have their own complaints procedure and are obliged to treat you properly.
- By discussing your complaint with the bailiff right away:
- you make it clear that you disagree with something,
- you may quickly get additional explanation or clarity,
and the problem is often solved immediately, without further escalation.You can usually easily find the complaints procedure on the bailiff’s office website. Skipping this step often causes misunderstandings to persist longer than necessary. So don’t hesitate to pick up the phone or to email
—it often gives you clarity more quickly and can prevent unnecessary procedures.
What if your complaint is well-founded?
- Is your complaint about a bailiff declared well-founded? Then the consequences depend on who handles your complaint.Before the disciplinary judge: The disciplinary judge
- can actually impose a sanction on the bailiff, such as a warning, a fine, or even a temporary professional ban.At the complaints committee or complaints institute:
Here you usually receive a decision and possibly advice, but it is not binding. The bailiff must respond seriously, but is not obliged to implement a sanction.Good to know: a ruling by a complaints committee is therefore mainly intended to improve service and as a signal to the debt collection agency or the bailiff. If you really want a penalty to follow, then going to the disciplinary court
is necessary.
Summons from the bailiff
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A summons is an official notice to appear before the court.
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You will receive this personally from a bailiff.
This states the amount being claimed and the date of the hearing.👉 If you do not appear, a default judgment
“,: the judge will automatically grant the claim.
How to recognize a real bailiffAre you unsure whether the summons or other documents are genuine? Always ask for identification. Every bailiff must be able to identify themselves with a special identification card issued by the Minister of Justice. If you receive a letter or email and are unsure whether it comes from an official bailiff, check the name in the public register of bailiffs. If the name is not listed, something is wrong.
Also check the bank account number: an official bailiff uses only Dutch bank account numbers that are in the name of the bailiff’s office. If you see a foreign account number, be extra alert.
- What if the bailiff is at your door?
- Are you sure it is a real bailiff? Accept the documents he hands you.
- You can always ask for an explanation about the summons or other documents.
Is the bailiff coming to seize your belongings? This can be distressing, but do not resist and do not hide—that makes the situation worse. Ultimately, the bailiff can return with a locksmith or even the police.Tip:
Always contact the bailiff if you have questions or if you disagree with the claim. If possible, seek help or debt counseling in good time. This prevents extra costs and unpleasant situations.
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Default judgment and oppositionDefault judgment
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: a court decision because you did not appear.Opposition
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: you can still present a defense. Time limit:
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4 weeks after service of the judgment, or
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8 weeks after the ruling (if the judgment has not yet been served).
Statute of limitations on debts
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Not every debt can be collected forever.5 years
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: many consumer claims (e.g., phone, energy, rent).20 years
: judgments (after a court ruling).
👉 If a claim is time-barred, you no longer have to pay.
Wage garnishment and protected earnings threshold
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A bailiff can garnish your wages or benefits.
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Your employer or benefits agency must then remit a portion to the bailiff.You always keep a protected earnings amount
left: the minimum amount to live on.
- But it doesn’t end there. A bailiff may seize anything that is worth money, such as:
- your bank accounts,
- furniture,
- television,
- car,
other assets.
Fortunately, there are exceptions: your food supplies, bedding, and the clothing you are wearing cannot be seized. You are entitled to a basic amount to live on, the so-called protected earnings amount. That part of your income or benefit cannot be seized.
Bank account seizure
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Bailiffs can also seize your bank account.
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The balance is (partly) frozen and transferred to the creditor.
This can cause problems with direct debits and regular bills.
👉 Fast legal help can sometimes reduce or lift the seizure.
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Your rights when dealing with a bailiff
- A bailiff may not simply enter your home. Only with a judge’s permission (bailiff’s writ with authorization).Are you unsure whether someone is really a bailiff? Always ask for identification. Every (judicial) bailiff must be able to show official identification, issued by the Ministry of Justice
- .
- Have you received a letter or email and are you unsure about the sender? Check the office in the official register of bailiffs. If the name is missing, be alert and contact the office.
- Be careful with requests to pay to a foreign bank account number. Official bailiffs use only Dutch accounts in the name of their office.
- Are you sure you are dealing with a real bailiff? You may always ask for an explanation about the documents you receive.
- Is a bailiff coming to seize belongings? Do not resist and do not hide. This prevents unnecessary problems, such as the arrival of a locksmith or the police. In case of problems, contact the bailiff as soon as possible, ask for a payment plan, or seek debt assistance.
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You do not have to pay more than the principal amount + interest + permitted collection costs.
You may always ask for a payment plan.
Do you doubt the identity of a bailiff?
- Are you not sure whether you are dealing with a real bailiff? Always check the identity first.
- Ask for valid identification. An official bailiff always has an identification card issued by the Minister of Justice.Have you received a letter or email and are you unsure whether it is really from a bailiff’s office? Then check the name in the online register of bailiffs via www.registergerechtsdeurwaarders.nl
.
Be extra careful with unusual or foreign bank account numbers. A bailiff always uses a Dutch bank account number in the office’s name. Still in doubt? Contact the bailiff’s office by phone before you pay or take further steps.
Unsure where to file a complaint? Here’s how to choose the right authorityNot sure whether you should go to the National Ombudsman or to the disciplinary court (Chamber for Bailiffs
- ) with your complaint? That’s entirely understandable, because the difference depends on the type of complaint you have.
Official acts and conduct:Is it about official acts by the bailiff, such as seizing wages, a bank account or benefits, or do you feel you have been treated unfairly? In that case, the National Ombudsman - is usually the right place to go.
Other debt collection complaints:
If your complaint concerns general collection activities that are separate from these official acts, you should contact the disciplinary court.Please note: you must choose! You cannot submit your complaint to both bodies at the same time. Not sure where to turn? Feel free to get in touch — staff of the relevant body will be happy to help you find the right point of contact.Also note that at the disciplinary court court fee is payable, but if your complaint is upheld, you will get this amount back from the bailiff. The disciplinary court can also impose sanctions on the bailiff, while a finding by the National Ombudsman is not binding.
- In summary:
- First determine whether it concerns an official act or a debt collection activity.Submit your complaint to either the National Ombudsman
- or the disciplinary judge, not both.
Feel free to ask for advice if you’re unsure.
Complaint about the bailiff? Here’s what you can doNot satisfied with how the bailiff treated you? You are not powerless. Follow these steps to address your complaint.First contact the bailiffOften a phone call or email to the bailiff’s office is the fastest route to a solution. Ask whether they have a complaints procedure (it is usually on their website). Clearly describe what you are dissatisfied with and what you expect.Not satisfied? Contact an independent body
- Can’t resolve it together? Then there are two routes:Is your complaint about official actions (such as seizure of wages or bank account, or the setting of the protected earnings threshold), or about how you were treated? Then you can contact a complaints committee such as the National Ombudsman
- .Is your complaint more about the collection process itself or its execution? Then the disciplinary court, the Chamber for Judicial Bailiffs
, is the right place. Be aware of court fees; if you win, you often get these back.
- Important to know
- You must choose: a complaint can be filed with only one body at a time.
- The disciplinary court can take measures, such as a warning for the bailiff. An ombudsman mediates but does not impose sanctions.
Unsure which path is best for you? Feel free to call the information number of the relevant authority for advice.
This approach ensures that your complaint is taken seriously and handled through the right channel.
Filing a complaint: bailiff, disciplinary court, or ombudsman?Not satisfied with a bailiff’s conduct? There are several routes for filing a complaint. But what is actually the difference between the bailiff, the disciplinary court, and the National Ombudsman?1. First, go to the bailiff directlyAlways start by submitting a complaint to the bailiff’s office itself. Every judicial bailiff is required to have a complaints procedure—often you can easily find it on the firm’s website. Discuss your complaint and see whether you can reach a solution together. In many cases, this quickly resolves the issue.2. Complaint about official actions or treatment: National OmbudsmanIf you believe that the bailiff has not behaved properly, or has caused problems with, for example, wage garnishment or determining the protected earnings threshold, you can contact the National Ombudsman. This applies to complaints about the bailiff’s official acts, as well as about treatment (the way you were treated). The ombudsman investigates your complaint free of charge and issues a decision, but it is not binding.3. Complaint about debt collection work or violation of rules: disciplinary courtIs it mainly about how the bailiff practices their profession, for example in debt collection or breaches of professional rules? Then you can go to the disciplinary court, also called the Chamber for Bailiffs. At the disciplinary court you pay a court fee, but if you are found to be in the right, you will get this amount back from the bailiff. The disciplinary court can also impose a penalty or measure on the bailiff—the ombudsman cannot.Note:
After filing your complaint with the bailiff, you must choose: either the ombudsman or the disciplinary court. It is not possible to submit the same dispute to both bodies at the same time. Not sure? Staff of the ombudsman can help you choose the right route.
Complaints: Where can you go?Do you have a complaint about the bailiff? Then it’s important to know whom to contact: the disciplinary judge or the National Ombudsman
- . The distinction is simple:For complaints about official actions of the bailiff (such as garnishing your wages or bank account, or determining the protected earnings threshold) you can contact the National Ombudsman
- .Does your complaint concern the way you were treated or were you not treated properly? In that case, you can also contact the ombudsman
- in the right place.Is your complaint about debt collection activities
that do not fall under the statutory duties of the bailiff? Then the disciplinary court is your point of contact.Note:The disciplinary court can impose a sanction on the bailiff. At the disciplinary court you pay a court fee, but if you are found to be in the right, you will get it back. A case can only be pending with one body at a time, so choose where you submit your complaint. Do you need help choosing? Contact the staff of the ombudsman
.
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Examples from practiceExample 1 (telecom bill):
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A consumer received a collection letter for € 800 for an old phone bill. It was successfully demonstrated that the claim was time-barred: nothing had to be paid.Example 2 (rent arrears):
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A tenant received a summons. The judge partly granted the claim but reduced the collection costs from € 300 to € 70.Example 3 (wage garnishment):
An employee faced wage garnishment, leaving him with too little. We had the protected earnings threshold recalculated, so he had € 250 more left each month.
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Checklist for debt collection and bailiffs
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📄 Always check whether the claim is correct.
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📑 Ask for a breakdown of collection costs.
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⏳ Pay attention to limitation periods.
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⚖️ Take action if you receive a summons: appear or file a defense.
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💶 Ask for a payment plan if you cannot pay everything at once.
📝 Seek legal assistance if you are unsure whether the claim is justified.
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Common mistakes
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Ignoring debt collection letters → costs escalate quickly.
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Thinking that a collection agency is allowed to seize assets (only a bailiff may do this).
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Responding too late to a summons → default judgment.
Paying unjustly out of fear of “extra costs”.
Frequently asked questions (FAQ)
1. Do I always have to pay when I receive a debt collection letter?
No, only if the claim is justified. If in doubt, you can dispute it.
2. Can a bailiff just seize assets?Yes, but only with a court judgment
from the judge.
3. What is the protected earnings amount?
The minimum amount you are always allowed to keep in case of wage garnishment.4. How much in collection fees
may be charged?
At most the statutory scale. Double charges (such as administration and collection) are not allowed.
5. Can I arrange a payment plan?
Yes, you can always try that with the creditor or the bailiff.
What are the costs and consequences of a complaint to the disciplinary court?Are you filing a complaint with the disciplinary court about the conduct of a bailiff? Then keep in mind that you must pay a court fee to have your complaint processed. If you are found to be in the right, you will receive this amount back from the bailiff.
As for the consequences: unlike some complaints bodies, the disciplinary court can actually impose a penalty or measure on the bailiff. Think of a warning or even a (temporary) suspension. In this way the disciplinary court ensures that bailiffs adhere to their professional rules.
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Why Arslan Advocaten?Specialized in
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debt collection and defense against bailiffs
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Experienced in negotiating and litigating in debt collection cases
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Protecting clients against unjustifiably high costs and seizure
Practical and quick help with summonses and default judgments
Conclusion
