Have you lent money without a written contract? You may still be entitled to repayment. A loan of money agreed orally can be valid. The problem usually lies in the evidence: can you show that the amount had to be repaid, who the borrower was and when you were entitled to demand payment? A bank transfer is important in this respect, but it does not always show why the money was transferred.
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Start, therefore, by gathering the agreements and payments. Then ask for repayment in writing, setting a period that fits the agreement. A standard letter with an arbitrary fourteen-day deadline is not suitable for every private loan. Even without a contract, there may be arrangements about deferral, instalments or repayment after a particular event.
Below you can read how to assess a loan to a friend, acquaintance or family member, which evidence is useful and when debt collection or court proceedings become worthwhile. Are you the one being asked to repay? Then also read about disputing a claim for repayment.
An oral loan can be a binding agreement
In a loan of money, one party provides a sum of money and the other party undertakes to repay an equivalent amount. The absence of a signature does not in itself mean that no such agreement exists. The agreement may be evident from a conversation, followed by a transfer and messages about repayment. The rules on loans of money are set out in Title 2c of Book 7 of the Dutch Civil Code (BW).
Do distinguish, however, between a loan that has already been made and a promise to lend money later. For a private lender, Article 7:129b of the Dutch Civil Code contains a special rule: without actual provision of the money or a written undertaking to provide it, he is not bound in the same way. This blog is mainly about money that has already been paid and has not been repaid.
Not every payment to someone you know is a loan. You may also have given a present, advanced money for shared groceries or made an investment. The correct legal characterisation determines what you can claim. So first write down what you discussed before the payment, not just what you came to think about that payment after the dispute arose.
Who has to prove that it was a loan
Anyone claiming repayment on the basis of a loan must sufficiently state the facts supporting that claim and, if these are disputed with reasons, prove them. This follows from the main rule in Article 150 of the Dutch Code of Civil Procedure (Rv): a party relying on the legal consequences of facts it has asserted bears the burden of proving them, unless a special rule or the requirements of reasonableness and fairness lead to a different allocation. You therefore explain when the money was provided, what amount was involved and what shows the obligation to repay. The court assesses the evidence as a whole.
A denial by the other party does not automatically make your case hopeless. Conversely, simply stating that you would never give that much money as a present is not always enough. A credible account becomes stronger when independent information fits it: the description on the payment, a message sent before the transfer, a later acknowledgement and earlier repayments.
If the borrower argues that the debt has since been paid, that is a different defence from denying that a loan ever existed. Where payment is relied on, the burden of proving it in principle lies with the person who says they paid. Keep these two discussions separate. This prevents the file from needlessly revolving around facts that both parties actually accept.
What evidence is useful
Keep bank statements as complete documents. A screenshot of a single amount sometimes does not show who the account holder is or which description belongs to it. For each transfer, note what prompted it and which messages from the same period relate to it. If you paid a bill of the other person directly, that invoice and their request for payment are also relevant.
WhatsApp messages, emails and text messages can provide support. A message such as “I’ll transfer the first repayment next month” says more about repayment than a stray thank-you. Keep the entire conversation, including dates and the identity of the contact. Select the relevant passages for your explanation, but keep the full source available for verification.
Witnesses can also be important. Distinguish between someone who was present when the agreement was made and someone to whom you later told your own story. The former can testify from their own observation about what was agreed. Do not write down in advance on a witness’s behalf what they should say. Ask what that person remembers themselves and keep their contact details.
Cash loans are usually harder to reconstruct. A cash withdrawal proves that you withdrew money, not necessarily that the other person received it. So look for additional evidence, such as a receipt, a message about the handover or a witness. Keep original documents and do not alter digital files.
A bank transfer does not prove everything
Suppose you transferred €7,500 with the description “car loan”. That supports your position, but the description was entered by you. The recipient may argue that something else was agreed beforehand. An earlier message in which the recipient asks for a loan, or a later payment described as “car repayment”, can considerably strengthen the overall picture.
Where there have been several payments, it must be clear whether this was one loan with additional drawings or separate arrangements. Put the amounts in an overview with the date, account number, description and supporting evidence. Also list the repayments received. Simply adding up all outgoing amounts easily leads to a claim that is too high or unclear.
Pay attention to the identity of the other party. Money may have gone to a director’s private account while the arrangement was made with their bv (private limited company), or the other way round. The receiving account is an indication, but does not always determine who is legally obliged to repay. Check messages, names in contracts and what the money was used for before you hold someone personally liable.
When can you demand the money back
If you agreed a specific repayment date, that agreement is the starting point. If payment in monthly instalments was agreed, one missed instalment does not automatically mean that the entire remaining loan is due. That requires a suitable agreement or another legal basis. So check exactly what was agreed about arrears.
If the agreement does not provide for another time of repayment, Article 7:129e of the Dutch Civil Code provides that repayment must be made within six weeks after the lender has given notice that he is calling in the loan. This rule must be applied to the specific agreement; for older loans, transitional law may be relevant. Moreover, “there is no date on paper” does not mean that no date was agreed orally.
An arrangement that “you pay it back when you can” raises a question of its own. Article 7:129f of the Dutch Civil Code allows the court to determine the time at which the loan becomes due in light of the circumstances. Do not treat such an arrangement as if the borrower can decide forever whether to pay, but also not as if the full debt is simply payable tomorrow.
Drafting a good repayment letter
A useful letter contains facts and a clear claim. State the date the loan was made, the original amount, repayments received and the outstanding balance. Explain which agreement you rely on. Ask the other party to explain specifically any points they dispute. Keep proof that the letter or email reached the other party.
For a loan without any other agreed time of repayment, the core could read as follows, for example:
Example: calling in the loan and requesting repayment
On [date] I lent you €[amount]. Under our agreement, this amount was to be repaid. I have so far received €[amount]. The outstanding balance is €[amount]. Insofar as no other time of repayment has been agreed, I hereby give you notice that I am calling in the loan. I ask you to transfer the amount due to [account number] within six weeks of receiving this notice. I expressly reserve my right to performance.
This is an example for a specific situation, not a universal debt collection letter. A notice calling in the loan, a notice of default, a letter interrupting the limitation period and a consumer payment reminder have different functions and requirements. Check before sending which one you need, and keep the proof of dispatch.
This is an example for a specific situation, not a universal debt collection letter. A notice calling in the loan, a notice of default, a letter interrupting the limitation period and a consumer payment reminder have different functions. One letter can sometimes serve several functions, but only if its content and deadlines are right for that purpose. If there is a dispute about whether the loan is due or time-barred, have the letter reviewed beforehand.
Can you charge interest and collection costs?
Distinguish between agreed interest on the loan and statutory interest for late payment. For a loan between two natural persons who are not acting in the course of a profession or business, contractual interest is only payable under Article 7:129c(1) of the Dutch Civil Code if it has been stipulated in writing. You cannot simply add an interest rate chosen afterwards.
Statutory interest may arise when a money debt that has fallen due is not paid on time and the debtor is in default. The start date must be assessed on the basis of the agreement and the rules on default. So do not automatically calculate interest from the original transfer if the money did not yet have to be repaid at that time.
Extrajudicial collection costs are subject to their own conditions. Where the debtor is a consumer, the statutory reminder with a correct payment period is among the relevant requirements. See also our explanation of unjustified or excessive collection costs. Mentioning collection costs in a letter does not in itself make them payable.
A payment arrangement that offers real certainty
An arrangement can be more attractive than litigation when the other party acknowledges the loan but temporarily lacks sufficient money. Record the balance, the amounts, payment dates and bank account. Make clear how payments will be allocated and what happens if an instalment is missed. An arrangement that only says “I’ll pay when I can” usually just postpones the problem.
Check whether the proposed monthly instalment is realistic. An arrangement of €500 a month is of little value if the borrower can structurally spare only €75. At the same time, a very low instalment may mean that you wait for years. Discuss a first payment, a review date or additional security only insofar as this is legally and practically feasible.
Pay attention to the wording of any release. If you agree to settle definitively for a lower amount, it must be clear when that final release takes effect, for example only after full and timely payment of the agreed settlement amount. Avoid unintentionally waiving the remainder while the other party also fails to honour the arrangement.
Going to court or taking another step first
A debt collection agency can ask for payment, but cannot itself issue a judgment or levy an attachment without an enforceable title. A bailiff has other powers, including serving a summons and enforcing an enforceable title. A lawyer assesses, among other things, the evidence, defences, jurisdiction and litigation risks.
Money claims of up to and including €25,000 are in principle heard by the subdistrict court judge (kantonrechter) (Article 93 of the Dutch Code of Civil Procedure); the statutory calculation of jurisdiction may also take into account interest and the way in which the claim has been brought. Before the subdistrict court judge, you are not required to have a lawyer. For larger civil claims, legal representation by a lawyer is generally required. A contractual choice of forum or an international situation may call for further investigation.
Before starting proceedings, also assess whether you can actually recover the money. Winning a case does not always produce money straight away. Does the borrower have income, assets or already several creditors? If there are indications that assets are being moved out of reach, a prejudgment attachment may be considered. That requires leave from the court and a careful weighing of interests; a wrongful attachment can make you liable for damages.
A fictitious example of an evidence file
Mila transfers €6,000 to a friend for repairs to his van. There is no signed contract. Before the payment, he writes in the chat that he will repay the amount in six months. After three months he transfers €500 with the description “first repayment”. After six months, no further payment is made.
Mila keeps the bank statement, exports the conversation and draws up an overview from which the €500 has been deducted. The friend later says the money was a present. The combination of his earlier message and the repayment supports Mila’s position. The precise outcome depends on the entire file and any other arrangements; this example is not an actual result achieved by the firm.
Above all, the example shows why building a file before escalating pays off. If Mila had kept only the outgoing transfer and deleted the chat, an important part of her evidence would be missing. A correct calculation of the balance also prevents discussion that has nothing to do with whether the loan exists.
How do you preserve WhatsApp messages as evidence?
With a loan without a contract, messages are often the most important evidence. Complete these steps in one go, before you confront the other person: a dispute is precisely the moment when messages disappear.
- Step 1: Export the entire conversation. In WhatsApp: open the chat, tap the name, choose “Export chat” and “Without media” or “Include media”. You will get a text file with all dates and senders. Do this before you confront the other person.
- Step 2: Keep the original untouched. Save the export in two places, for example in your email and on a USB stick. Do not edit or cut anything; an edited file raises questions.
- Step 3: Also take screenshots of the key messages. Make sure the date, time, sender’s name and the messages immediately before and after the agreement are visible. A stand-alone image of “I’ll pay you back” says nothing if it is not clear what it refers to.
- Step 4: Do not transfer the phone to a new device and do not delete anything. A new phone number, a factory reset or “disappearing messages” can remove the evidence irretrievably.
- Step 5: Make a timeline. One A4 page with, on each line: date, who said what, which amount, and the matching bank statement. This is what a lawyer or judge reads first.
- Step 6: Put the bank statements alongside. A message about repayment is only convincing if the transfer matches it in amount and date.
- Step 7: Note who else knows about the conversation. Who was there, who heard about it? Ask for a short written statement about what that person observed themselves.
An email, text message or voice message can also be useful. For a voice message, keep the audio file itself, not just a typed transcript.
Would you like to have this assessed or have a formal demand letter drafted? Read how we handle disputes about a loan of money.
Frequently asked questions
Can I reclaim money without a signature?
Yes, a signature is not always necessary to prove an oral loan that has been made. You do, however, have to make it sufficiently clear that repayment was agreed. Messages, repayments, bank statements and witnesses can together constitute evidence. Without a written contract, the consistency between these pieces of information is particularly important.
Is WhatsApp sufficient evidence of a loan?
That depends on the content, origin and context. A specific acknowledgement of the amount and the repayment arrangement is stronger than a stray response. Keep the complete conversation and the link with the phone number. The court assesses the message together with other evidence and any dispute.
Can I report someone to the police because they do not repay?
Failing to repay is in itself usually a civil dispute. Criminal fraud requires additional circumstances; a broken promise to pay does not prove this by itself. Where there are indications of fraud, criminal law advice may be appropriate. Moreover, a police report does not automatically replace the civil steps needed to get money back.
What if the other person says it was a gift?
Explain which arrangements point to repayment and provide the supporting documents. A family relationship or friendship does not decide the case by itself. Nor does the absence of interest automatically mean that it was a gift. For money within a family, read more about a loan or a gift within the family.
Can a private loan become time-barred?
Yes. When the period starts and how long it lasts depend, among other things, on when the loan became due and on any interruption or acknowledgement. So do not wait indefinitely because you want to keep the relationship good. Our explanation of limitation periods for a private loan covers the main differences.
What should I bring to a lawyer?
Bring the bank statements, messages, arrangements about repayment, payments received and your earlier letters. Add a short timeline and state what the other party disputes. Also mention any urgency, such as departure abroad or an imminent sale of assets. This allows the assessment to focus straight away on the relevant points.
Have your loan assessed
Arslan Advocaten can assess your arrangements, evidence and options for further action. In doing so, we look at whether the loan exists, the correct balance, whether it is due and whether further steps make practical sense. If it concerns money lent to an ex-partner, we also take the arrangements within the relationship into account. Contact us and send us your key documents. For the route once there is a clear obligation to pay, you can also find information on our page about debt collection.
Written by Onur Arslan, attorney at Arslan Advocaten and responsible within the firm for the financial practice: credit registrations, loans of money and disputes with lenders. Registered in the specialisation register of the Netherlands Bar (Nederlandse orde van advocaten) for employment law and personal injury. Substantively reviewed on 12 September 2026 against the statutory text on wetten.overheid.nl.
