Are you dealing with debt collection and a bailiff? This article explains what that means and which points matter for you.
A letter from a debt collection agency or a bailiff can be quite a shock. You may be told to pay within a few days, threatened with extra costs or even with attachment. Sometimes you even receive an official summons to appear in court.
Important to know: not every claim is justified, and you do not simply have to pay everything. This article sets out your rights and obligations in debt collection and with bailiffs, including practical tips, examples and a checklist.
What is debt collection?
Debt collection means recovering an outstanding claim. That can concern:
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an unpaid invoice,
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a loan,
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rent arrears,
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compensation for damage.
Debt collection can be carried out by:
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The creditor itself (a company or a landlord, for instance).
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A debt collection agency (which sends letters on the creditor’s behalf).
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A bailiff (has statutory powers such as levying attachment).
The process usually starts with a reminder: a letter from the creditor stating that you still have to pay the invoice, usually with a clear payment deadline. That letter also states which extra costs you will owe if you do not pay within fourteen days.
If you do not respond to this reminder, the creditor can engage a debt collection agency . That agency sends further payment requests, now often with collection costs on top. If payment still fails to arrive, a bailiff is usually engaged. The bailiff can actually come to your door with a summons — an official summons to appear in court. How quickly this happens depends on the type of debt; with rent arrears, for instance, a bailiff may appear at the door faster than with other debts.
👉 Note: a debt collection agency has no official powers of enforcement. Only a bailiff can levy attachment or issue a summons.
How do you check whether someone really is a judicial officer?
Are you unsure whether the letter or e-mail you received really comes from a judicial officer? Fortunately there is a simple way to check. Every judicial officer appears in the national register, at www.registergerechtsdeurwaarders.nl. If the sender cannot be found there, something is wrong and caution is called for.
Also watch the bank account number you are asked to pay into. An official judicial officer always uses a Dutch account number in the firm’s name – foreign numbers, or accounts in a private individual’s name, are an important warning sign.
In summary:
- Check that the judicial officer’s name appears in the official register.
- Pay only into a Dutch account number belonging to the bailiff’s firm.
- In doubt? Call the firm on the number from its own website, not the telephone number in the letter.
That way you avoid falling victim to fraud and can be sure you are dealing with a genuine judicial officer.
Received a collection letter: what now?
Have you received a letter from a debt collection agency or a bailiff?
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Check that the claim is correct
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Did you ever receive 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 that amount are often invalid.
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Respond in good time
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Do not ignore the letter; that leads to higher costs or even a summons.
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How to avoid problems
A collection letter can be frightening, but acting quickly and carefully keeps the situation from getting out of hand. Pay on time if the claim is justified, or contact the agency or bailiff straight away if you disagree. You can often ask for a payment arrangement. If paying is not possible, seek help as soon as you can, from debt counselling for instance. Do not wait – taking action saves stress, extra costs and legal proceedings.
How do you recognise an official letter or e-mail from a judicial officer?
Unsure whether the letter or e-mail really comes from a judicial officer? There are a few things to look out for:
- Duty to identify: Every judicial officer holds an official identity document issued by the Minister of Justice. If in doubt, you may always ask to see it.
- Check the sender: Check the bailiff’s name in the national register at www.registergerechtsdeurwaarders.nl. Is the name not there? Then be extra alert.
- Bank account number: An official judicial officer always uses a Dutch bank account number in the firm’s own name. Do you see a foreign account number? Then contact the firm concerned for confirmation.
- Still in doubt? Call the bailiff’s firm and ask for verification, or contact the Royal Professional Organisation of Judicial Officers (KBvG).
That way you avoid falling victim to a false claim or fraud.
How quickly will the bailiff be at the door?
Many people wonder how quickly the bailiff can actually turn up if you have an outstanding debt. The answer varies from case to case.
- A reminder first: You usually receive one or more reminders first, often with collection costs. You are given a period (often 14 days) to pay after all.
- No response: If you neither pay nor respond, the creditor can engage a collection agency or bailiff straight away. For some debts, such as rent arrears, matters often move faster.
- Urgency with certain debts: With rent arrears, for example, the bailiff can sometimes be at the door within a few weeks with an official summons. 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 every case: the sooner you respond, the smaller the risk of extra costs and legal steps.
Why contact the bailiff yourself first?
Do you have a problem with how the bailiff is going about things, or doubts about how you were treated? It often pays to contact the firm directly first. Most bailiffs have their own complaints procedure and are obliged to treat you properly.
By raising your complaint with the bailiff straight away:
- you make clear that you disagree with something,
- you sometimes get quick extra explanation or clarity,
- and the problem is often resolved at once, without further escalation.
You will usually find the complaints procedure easily on the firm’s website. Skipping this step regularly means misunderstandings last longer than they need to. So do not hesitate to pick up the telephone or to e-mail — it often gives you clarity faster and can prevent unnecessary proceedings.
What if your complaint is upheld?
Is your complaint about a bailiff upheld? The consequences then depend on who handled it.
- Before the disciplinary court: The disciplinary court can actually impose a sanction on the bailiff, such as a warning, a fine or even a temporary ban from practice.
- Before a complaints committee or complaints body: Here you usually get a ruling and possibly advice, but it is not binding. The bailiff must respond to it seriously, but is not obliged to carry out any penalty.
Good to know: a ruling from a complaints committee is therefore mainly intended to improve the service and as a signal to the debt collection agency or the bailiff. If you really want a penalty to follow, the route to the disciplinary court necessary.
A summons from the bailiff
A summons is an official call to appear before the court.
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You receive it in person from a bailiff.
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It states the amount claimed and the date of the hearing.
👉 If you do not appear, a default judgment: the court grants the claim automatically.
How to recognise a genuine bailiff
Unsure whether the summons or other documents are genuine? Always ask for identification. Every judicial officer must be able to identify themselves with a special identity document issued by the Minister of Justice. If you receive a letter or e-mail and doubt whether it comes from an official bailiff, check the name in the public register of judicial officers. If the name is not there, something is wrong.
Also watch the bank account number: an official bailiff works only with Dutch account numbers in the firm’s name. If you see a foreign account number, be extra alert.
What if the bailiff is at the door?
- Are you sure it is a genuine bailiff? Accept the documents handed to you.
- You may always ask for an explanation of the summons or other documents.
- Has the bailiff come to attach your possessions? That can be distressing, but do not resist and do not hide — that only makes things worse. In the end the bailiff can return with a locksmith or even the police.
Tip: Always contact the bailiff if you have questions or disagree with the claim. Seek help or debt counselling in good time where possible. That avoids extra costs and unpleasant situations.
Default judgment and opposition
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Default judgment: a judgment given because you did not appear.
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Opposition: you can still put forward a defence. Deadline:
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4 weeks after service of the judgment, or
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8 weeks after the judgment (where it has not yet been served).
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Limitation of debts
Not every debt can be collected forever.
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5 years: many consumer claims (telephone, energy, rent, for instance).
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20 years: judgments (following a court ruling).
👉 If a claim is time-barred, you no longer have to pay.
Wage attachment and the protected earnings rate
A bailiff can attach your wages or benefit.
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Your employer or benefits agency must then pay part of it to the bailiff.
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You always keep a protected earnings rate left: the minimum amount to live on.
But it does not stop there. A bailiff may attach anything of monetary value, such as:
- your bank accounts,
- furniture,
- television,
- car,
- other assets.
Fortunately there are exceptions: your food supplies, bedding and the clothes you are wearing cannot be attached. You are entitled to a basic amount to live on, the protected earnings rate. That part of your income or benefit cannot be attached.
Bank attachment
Bailiffs can also attach your bank account.
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The balance is (partly) frozen and transferred to the creditor.
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That can cause problems with direct debits and fixed outgoings.
👉 Prompt legal help can sometimes reduce or lift an attachment.
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A bailiff may not simply enter your home. Only with the court’s permission (a bailiff’s writ with authorisation).
- Unsure whether someone really is a bailiff? Always ask for identification. Every judicial officer must be able to show an official identity document issued by the Ministry of Justice.
- Received a letter or e-mail and doubt the sender? Check the firm in the official register of judicial officers. If the name is missing, be alert and contact the firm.
- Watch out for requests to pay into a foreign bank account. Official bailiffs use only Dutch accounts in their firm’s name.
- Sure you are dealing with a genuine bailiff? You may always ask for an explanation of the documents you receive.
- Has a bailiff come to seize possessions? Do not resist and do not hide. That avoids unnecessary problems, such as a locksmith or the police turning up. If there are problems, contact the bailiff as soon as possible, ask for a payment arrangement, or bring in debt counselling.
- You need pay no more than the principal + interest + permitted collection costs.
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You may always ask for a payment arrangement.
Doubts about a bailiff’s identity?
Not sure whether you are dealing with a genuine bailiff? Always check the identity first.
- Ask for a valid identity document. An official judicial officer always holds an identity card issued by the Minister of Justice.
- Received a letter or e-mail and doubt whether it really comes from a bailiff’s firm? Then check the name in the online register of judicial officers at www.registergerechtsdeurwaarders.nl.
Be especially alert to unusual or foreign bank account numbers. A judicial officer always uses a Dutch account number in the firm’s name. Still unsure? Telephone the firm before you pay or take any further step.
Unsure where to complain? This is how you choose the right body
Cannot work out whether to go to the Nationale ombudsman or to the disciplinary court (Chamber for Judicial Officers) with your complaint? That is quite understandable, because the difference depends on the type of complaint you have.
- Official acts and treatment:
Is it about the bailiff’s official acts, such as attaching wages, a bank account or a benefit, or do you feel you were treated improperly? You are then usually at the right address with the Nationale ombudsman . - Other collection complaints:
If your complaint concerns general collection activities separate from those official acts, the disciplinary court is the right route.
Note: you must choose. You cannot put your complaint to both bodies at the same time. Unsure where you are best off? Feel free to get in touch — staff at the body concerned will gladly help you find the right desk.
Bear in mind, too, that before the disciplinary court court fee is payable, but if you are found to be right you get that amount back from the bailiff. The disciplinary court can also actually impose measures on the bailiff, whereas a ruling from the Nationale ombudsman is not binding.
In summary:
- First determine whether it concerns an official act or a collection activity.
- Submit your complaint either to the Nationale ombudsman or to the disciplinary court, not both.
- Feel free to ask for advice if you are unsure.
A complaint about the judicial officer? Here is what you can do
Unhappy with how the bailiff treated you? You are not powerless. Follow these steps to pursue your complaint.
First contact the bailiff
A phone call or e-mail to the firm is often the fastest route to a solution. Ask whether they have a complaints procedure (usually on their website). Describe clearly what you are unhappy about and what you expect.
Not satisfied? Bring in an independent body
Cannot resolve it together? There are then two routes:
- Does your complaint concern official acts (such as attachment of wages or a bank account, or setting the protected earnings rate), or the way you were treated? You can then turn to a complaints committee such as the Nationale ombudsman.
- Is your complaint more about the collection process itself or how it was carried out? Then the disciplinary court, the Chamber for Judicial Officers, is the right address. Allow for court fees; if you win, you usually get them back.
Important to know
- You must choose: a complaint can go to only one body at a time.
- The disciplinary court can take measures, such as a warning for the bailiff. An ombudsman mediates but imposes no sanctions.
- Unsure which path is best for you? Feel free to call the information number of the body concerned for advice.
This approach ensures your complaint is taken seriously and handled through the right route.
Making a complaint: bailiff, disciplinary court or ombudsman?
Unhappy with a bailiff’s conduct? There are then several routes for making a complaint. But what exactly is the difference between the bailiff itself, the disciplinary court and the Nationale ombudsman?
1. First to the bailiff itself
Always start with a complaint to the firm itself. Every judicial officer is required to have a complaints procedure — usually easy to find on the firm’s website. Discuss your complaint and see whether you can reach a solution together. In many cases that resolves the problem quickly.
2. Complaint about official acts or treatment: the National Ombudsman
If you consider that the bailiff did not behave properly, or caused problems with wage attachment or setting the protected earnings rate, you can turn to the Nationale ombudsman. That applies to complaints about the bailiff’s so-called official acts, and about treatment (the way you were dealt with). The ombudsman investigates your complaint free of charge and gives a ruling, but it is not binding.
3. Complaint about collection work or breach of rules: the disciplinary court
Is it mainly about how the bailiff practises the profession, in collections for instance, or breaches of professional rules? Then you can go to the disciplinary court, also known as the Chamber for Judicial Officers. Before the disciplinary court you pay a court fee, but if you are found to be right you get that amount back from the bailiff. The disciplinary court can also impose a penalty or measure on the bailiff — the ombudsman cannot.
Note:
After complaining to the bailiff you must choose: either the ombudsman or the disciplinary court. It is not possible to put the same dispute to both bodies at once. Unsure? The ombudsman’s staff can help you choose the right route.
Complaints: where can you go?
Do you have a complaint about the bailiff? It is then important to know who to go to: the disciplinary court or the Nationale ombudsman. The distinction is simple:
- For complaints about the bailiff’s official acts (such as attaching your wages or account, or setting the protected earnings rate) you can turn to the Nationale ombudsman.
- Does your complaint concern the way you were treated or were you not treated properly? Here too you can turn to the ombudsman is the right place.
- Does your complaint concern collection activities that do not fall within the bailiff’s statutory duties? Then the disciplinary court is your point of contact.
Note:
The disciplinary court can impose a sanction on the bailiff. There you pay a court fee, but if you are found to be right you get it back. A case can run at only one body at a time, so choose where to lodge your complaint. Need help choosing? Contact the staff of the ombudsman.
Examples from practice
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Example 1 (telecoms bill): A consumer received a collection letter for € 800 over an old phone bill. It was successfully shown that the claim was time-barred: nothing had to be paid.
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Example 2 (rent arrears): A tenant received a summons. The court granted the claim in part but reduced the collection costs from € 300 to € 70.
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Example 3 (wage attachment): An employee faced wage attachment that left him with too little. We had the protected earnings rate recalculated, leaving him € 250 more each month.
Checklist for debt collection and bailiffs
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📄 Always check that the claim is correct.
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📑 Ask for a breakdown of the collection costs.
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⏳ Watch the limitation periods.
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⚖️ Act on a summons: appear or put forward a defence.
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💶 Ask for a payment arrangement if you cannot pay everything at once.
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📝 Bring in legal help if you doubt whether the claim is justified.
Common mistakes
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Ignoring collection letters → costs mount quickly.
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Thinking a collection agency may levy attachment (only a bailiff may).
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Responding too late to a summons → default judgment.
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Paying wrongly out of fear of “extra costs”.
Frequently asked questions (FAQ)
1. Must I always pay when I receive a collection letter?
No, only if the claim is justified. If in doubt, you can put forward a defence.
2. Can a bailiff simply levy attachment?
Yes, but only with a judgment from the court.
3. What is the protected earnings rate?
The minimum amount you may always keep when your wages are attached.
4. How much in collection costs may be charged?
At most the statutory scale. Double charges (administration as well as collection) are not permitted.
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 lodging a complaint with the disciplinary court about a bailiff’s conduct? Bear in mind that you must pay a court fee for your complaint to be heard. If you are found to be right, you get that 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 — a warning, or even a temporary suspension. In that way the disciplinary court ensures that bailiffs keep to their professional rules.
Why Arslan Advocaten?
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Specialised in debt collection and defence against bailiffs
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Experienced in negotiating and litigating in collection cases
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Protecting clients against unjustly high costs and attachment
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Practical, fast help with summonses and default judgments
Conclusion
A collection letter or a summons from a bailiff is no reason to panic, but it is a signal to act at once. Always check whether the claim is justified, whether the costs are correct and whether it is time-barred. With legal help you avoid paying unnecessarily or running into financial trouble.
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Read also
- Received a default judgment: what now, and how does opposition work?
- Received a collection letter or summons: what now?
- Received a summons or petition? What now, and how do you put forward a defence?
