Written by Onur Arslan, lawyer at Arslan Advocaten. Registered in the legal practice areas register of the Netherlands Bar for employment law and personal injury. Last updated: 31 August 2026.
Who is this page for? Read this first
This page deals with debt collection from two sides, because the question "what is allowed?" has a different answer depending on whether you receive the letter or send it. Choose your part; the two parts do not contradict each other, but look at the same rules from a different side.
| You are | Go to | Your key question |
|---|---|---|
| A private individual with a collection letter, bailiff’s letter or summons | part 1 | is the amount correct, what can be taken from me, how much time do I have |
| A business with an unpaid invoice | part 2 | how do I get my money, what may I pass on, when do I engage whom |
One warning that applies to both: time limits here are hard and short. A missed hearing produces a default judgment and an expired limitation period cannot be repaired. Do not ignore any item of post in a debt collection file, even if you are convinced the claim is baseless.
I have received a letter from the bailiff, what now?
First see whether it is an ordinary collection letter or a formal writ: only with a writ has a court been involved, and only then can attachment follow. Respond in writing in both cases and within the period set, even if you dispute the claim.
| Feature | Collection letter (out of court) | Writ (official act) |
|---|---|---|
| Appearance | an ordinary letter or email | a drawn-up document with "On this day, the …", your name and the signature of the bailiff |
| Delivery | post or email | handed over in person or left in a sealed envelope |
| What it is | a request to pay | a service of process: a summons, judgment, attachment or notice |
| What can follow from it | nothing without a court | a court hearing, or enforcement where there is already a judgment |
| Who may do it | any collection agency | in principle only a bailiff |
What you do in the first few days, in this order:
- Note the day of receipt and keep the envelope. With a fourteen-day letter that day is
legally decisive, and it is regularly disputed.
- Ask in writing for a breakdown: the original creditor, the invoice, the
date, and the make-up of principal, interest and costs. A party that cannot supply that is in a weak position.
- Dispute it in writing and with reasons. "I am not going to pay" is not a dispute; "I
never received this, see my email of 3 March" is.
- If you cannot pay, say so actively. Silence almost always leads to a summons,
and that increases the debt by the court fee and the costs of the proceedings.
What you should above all not do: sign a payment arrangement under pressure in which you acknowledge the whole claim including costs before you have checked whether those costs are justified. An acknowledgement is hard to undo and moreover interrupts the limitation period.
What is the difference between a collection agency and a bailiff?
A collection agency can only ask you to pay; a bailiff is a public officer who may in addition perform acts reserved to them by law — issuing summonses, serving judgments, levying attachment and evicting. Without a court judgment, however, a bailiff too can take nothing from you. This is the most common misunderstanding in this area of law, and it is actively kept alive.
The task is set out in article 2 of the Bailiffs Act: the bailiff is charged with the tasks assigned to bailiffs by or under the law, whether or not to the exclusion of all others, and in particular with "issuing summonses and other services of process", "giving judicial notices, announcements, protests and other writs" and "evictions, attachments, enforcement sales, committals and other acts belonging to or required for the enforcement of enforceable titles". Source: Bailiffs Act, article 2, wetten.overheid.nl.
| Collection agency | Bailiff | |
|---|---|---|
| Legal status | an ordinary business | a public officer |
| May send reminders and call | yes | yes |
| May issue summonses and serve judgments | no | yes |
| May levy attachment | no | yes, provided there is an enforceable title |
| May evict | no | yes, on the basis of a judgment |
| Disciplinary law | no | yes, with appeal to the Amsterdam Court of Appeal |
| Supervision | through the debt collection register | the Financial Supervision Office and the disciplinary court |
By way of illustration. Someone receives a letter on headed paper with "bailiffs" in large type, about an old phone bill. The letter announces that "measures" will follow and mentions attachment of wages. They assume it really can come to that and start looking for money to pay quickly. But the first question is a different one: is this an ordinary reminder or a writ? For as long as no court has been involved and there is therefore no enforceable title, a bailiff too can take nothing — at that stage they have no more powers than a collection agency. This is an illustrative example of the rule, not a case handled by our firm.
The pitfall lies in the overlap. A bailiff’s office may, alongside its official acts, also carry out ordinary collection work, in so far as that does not harm the independent performance of the office (article 20(3) Bailiffs Act). The result: the same office first sends you an ordinary reminder on headed paper with "bailiffs" at the top. At that stage that office has no powers whatever beyond those of a collection agency. The authority the letter radiates is not yet there in law.
Since 1 April 2024 debt collection has been regulated. The Quality of Debt Collection Services Act prohibits carrying out or offering out-of-court collection work without registration, and sets requirements as to, among other things, professional competence, the specification of the claim and dealings with debtors. A transitional year applied for existing agencies; the registration obligation has been in full force since 1 April 2025. The register is managed by Justis. Source: Quality of Debt Collection Services Act, wetten.overheid.nl, and Justis.
That supervision has teeth. On 7 July 2026 the Amsterdam Court of Appeal ruled on a bailiff who had announced a bankruptcy petition for a consumer claim of about € 200. The court did not consider it plausible that for such a claim, with a supporting claim that remained unknown, a bankruptcy would really be petitioned for, and classified the announcement as improper pressure. The complaint was upheld and a warning followed (ECLI:NL:GHAMS:2026:1998).
How high may the collection costs be?
For a consumer the out-of-court collection costs are capped by law through a fixed scale over the principal sum, with a minimum of € 40 and a maximum of € 6,775. Those rules may not be departed from to the consumer’s detriment. Everything charged on top of that — "file costs", "administration costs", "costs of the final demand" — in principle lacks a basis.
The scale is set out in article 2 of the Decree on compensation for out-of-court collection costs:
| Part of the principal sum | Percentage |
|---|---|
| over the first € 2,500 | 15% |
| over the next € 2,500 | 10% |
| over the next € 5,000 | 5% |
| over the next € 190,000 | 1% |
| over the remainder | 0.5%, with a maximum of € 6,775 |
The compensation is at least € 40 (subsection 2), and may be increased by the VAT rate if the creditor cannot set off the turnover tax charged to them and expressly declares this (subsection 3).
By way of illustration — how the scale calculates. If a principal sum of € 1,000 owed by a consumer remains unpaid, it falls entirely within the first band: 15% over € 1,000 gives a compensation of € 150. With a principal sum of € 3,000 the calculation runs over two bands: 15% over the first € 2,500 plus 10% over the remaining € 500, together € 425. Only if the outcome would fall below € 40 does the minimum of € 40 apply. This is a worked example of the statutory scale; it says nothing about any particular case. This is an illustrative example of the rule, not a case handled by our firm.
These amounts have applied since the Decree entered into force on 1 July 2012 and have not been indexed since — "updated" scales circulate that suggest the opposite. The amendment of 1 October 2024 did not affect the scale; it added a separate arrangement for instalment payments. Source: Decree on compensation for out-of-court collection costs, wetten.overheid.nl, version in force.
Two rules that make a lot of difference:
- All claims together. If a creditor can send you a reminder for more than one claim, that must be done in a single reminder, and the principal sums are added together (article 6:96(7) of the Dutch Civil Code). So twenty separate reminders of € 40 are not allowed.
- Instalment payments. If several instalments of a subscription or rent remain unpaid, a lower arrangement has applied since 1 October 2024 to further reminders within six months (article 6:96(8) of the Dutch Civil Code and article 2a of the Decree), so that small monthly arrears do not multiply into costs.
If it concerns a commercial agreement between businesses, the mandatory consumer protection does not apply and the compensation is at least € 40, payable without a reminder from the day after the final payment date (article 6:96(4) of the Dutch Civil Code).
When do you owe collection costs? The fourteen-day letter
If you are a consumer, collection costs are only payable after you have been fruitlessly given notice, following the onset of default, to pay within fourteen days, in a letter that also states the consequences of non-payment and what amount of costs is claimed. If that letter does not comply, you in principle do not owe the costs — however justified the principal sum itself may be. This is the most effective defence in this area of law, and it is rarely raised.
The requirement is set out in article 6:96(6) of the Dutch Civil Code: for a natural person not acting in the exercise of a profession or business the compensation can "only become payable after the debtor has, following the onset of default and with a statement of the consequences of failure to pay, including the compensation claimed in accordance with the further rules, been fruitlessly given notice to pay within a period of fourteen days, commencing on the day after the notice".
The Supreme Court explained that provision in a preliminary ruling (ECLI:NL:HR:2016:2704):
- The period only starts on the day after the day on which the reminder was received by the debtor — not after dispatch, not after the date on the letter. The debtor must in any event have the full fourteen days to pay without costs becoming payable.
- A fourteen-day letter with an incorrect period does not have the legal effect of making the collection costs payable. The letter may not give the incorrect impression that the costs are already payable on a date on which the statutory period has not yet expired.
The ‘s-Hertogenbosch Court of Appeal translated that into concrete wording: a letter announcing the costs on non-payment "within fourteen days from the day after this letter was delivered to you" or "within fifteen days after this letter was delivered to you" does comply (ECLI:NL:GHSHE:2017:4407).
In practice creditors stumble over this. The District Court of Limburg rejected the collection costs claimed because it had not appeared that the fourteen-day letter had reached the defendant (ECLI:NL:RBLIM:2026:227); conversely the costs are awarded where the creditor substantiates with proof of dispatch and emails that the letter arrived and the debtor puts nothing against it (ECLI:NL:RBNHO:2026:164).
By way of illustration. Someone falls behind on a subscription and receives a reminder stating that they must pay "within fourteen days of the date of this letter", and that costs will otherwise be added. The letter is dated on a Monday and only lands on the doormat a week later. They do not pay in time and the costs are added. Legally it then turns not on the principal sum, but on the wording: the period should only start running the day after receipt, and a letter announcing the costs earlier in principle does not have that legal effect. So the question is whether this letter meets the statutory requirements — the principal sum itself is not thereby in issue. This is an illustrative example of the rule, not a case handled by our firm.
So look for three things in the letter: is there a period of fourteen days, does it expressly say that it only starts the day after receipt or delivery, and is the amount of the costs concretely stated? If one is missing, there is a real defence.
The collection letter is wrong, or the costs are unjustifiably high. What can you do?
Dispute it in writing and in detail, pay the undisputed part under protest if need be, and let it come to proceedings if the agency persists — because unjustified collection costs are precisely what fails before the subdistrict court. Paying "to be rid of it" is the most expensive option, because a payment can be construed as an acknowledgement.
| What you find | Why it is wrong |
|---|---|
| Costs higher than the scale | the Decree is mandatory for a consumer; the excess is not payable |
| No fourteen-day letter, or a defective one | without that letter the costs are in principle not payable (article 6:96(6) of the Dutch Civil Code) |
| Separate file or administration costs on top | those are deemed to be included in the fixed compensation |
| Several reminders of € 40 for the same creditor | should have been in a single reminder (article 6:96(7) of the Dutch Civil Code) |
| Interest from the invoice date for a consumer | interest in principle only runs from default |
| Costs of drawing up the summons | that falls under the litigation costs rules in article 241 of the Code of Civil Procedure |
That last point is often missed: article 6:96(3) of the Dutch Civil Code excludes compensation "in so far as in the given case the rules on litigation costs under article 241 of the Code of Civil Procedure apply". Costs incurred in preparing the pleadings or in instructing the case fall under the standard scale and may not be claimed alongside as collection costs.
There is a second track that is stronger than most people know. If the collection costs clause is in general terms and conditions, the subdistrict court must assess of its own motion whether that clause is unfair within the meaning of Directive 93/13/EEC. An unfair term must be disapplied, and a claim based on it is not allowable — even if you do not appear yourself. Subdistrict courts now carry out this test as a matter of course in consumer cases (ECLI:NL:RBZWB:2025:1794, ECLI:NL:RBMNE:2026:590). So a default judgment does not automatically mean that everything is awarded.
You can complain about a collection agency through the debt collection register and the regulator under the Quality of Debt Collection Services Act, and about a bailiff through the chamber for bailiffs. A disciplinary complaint does not make the claim go away, but is a real lever in negotiations.
May a collection agency charge interest?
Interest is allowed, but only from the moment you are in default, and only up to the statutory interest rate or the validly agreed rate. The practice of charging interest from the invoice date while you never received a reminder in principle does not stand up.
Default is the hinge. Under article 6:82(1) of the Dutch Civil Code it arises when you are given notice of default by a written reminder with a reasonable period, and performance fails to follow. Article 6:83 of the Dutch Civil Code names three cases in which that happens without notice of default: where a period set for performance expires without performance (unless that period has a different purport), where the obligation arises from tort or is for damages and is not performed immediately, and where you yourself state that you will not perform. So a fatal payment date can suffice — but "payment within 14 days" on an invoice is not automatically fatal.
| Type of interest | Basis | Percentage |
|---|---|---|
| Statutory interest (non-commercial transactions, so consumers too) | article 6:119 of the Dutch Civil Code | 4% per year, set as of 1 January 2026 in the Decree fixing the statutory interest rate |
| Statutory commercial interest (between businesses) | article 6:119a of the Dutch Civil Code | 10.4% per year as of 1 July 2026, according to the Dutch government |
| Agreed interest | article 6:119(3) of the Dutch Civil Code | a higher agreed rate continues to run after default instead of the statutory rate |
Source: Decree fixing the statutory interest rate, wetten.overheid.nl, and the Dutch government, "How high is the statutory interest rate?". Both percentages change — the commercial rate is derived half-yearly from the European Central Bank’s refinancing rate under article 6:120(2) of the Dutch Civil Code — so in a particular file check the position on the date that applies to you.
One detail that makes a lot of difference on long-running debts: with ordinary statutory interest, under article 6:119(2) of the Dutch Civil Code the amount on which interest is calculated is increased each year by the interest owed over that year. For commercial interest the law does not provide for that capitalisation. Interest agreed in general terms and conditions is also subject to the court’s own-motion test for unfair terms.
I have received a summons. What does it mean and how much time do I have?
A summons is an official call to appear at the court on a stated date. If you do not appear, the court gives judgment in default and in principle awards the claim. The ordinary period of summons is at least one week, so you have little time.
Article 114 of the Code of Civil Procedure: "The ordinary period of summons is at least one week." If you live outside the Netherlands but within the EU or in a state party to the Hague Service Convention, that period is at least four weeks; if there is no known place of residence in such a state, at least three months (article 115).
Article 139 of the Code of Civil Procedure governs what happens if you do nothing: if the defendant does not appear and the prescribed periods and formalities have been observed, the court gives judgment in default "and awards the claim, unless it appears to the court unlawful or unfounded". That closing phrase is your safety net, and at the same time a thin one: the court only tests what is in the file, and your defence is not in it if you stay silent.
What you need to know about how it works:
- Under article 93 of the Code of Civil Procedure the subdistrict court deals with claims up to € 25,000, including the interest accrued up to the day of the summons, and in addition — whatever the amount — cases about, among other things, employment, tenancy, consumer sales and consumer credit.
- In subdistrict cases you can, under article 79(1) of the Code of Civil Procedure, conduct proceedings in person. If your summons says
"subdistrict court", you do not need a lawyer in order to be allowed to defend.
- As a defendant in a subdistrict case you pay no court fee; only the claimant pays it. Source: Rechtspraak.nl, subdistrict court fees. So there is no financial barrier to putting up a defence — precisely why not appearing is such a waste. If you lose, an order for the costs of the proceedings does follow.
If you have already been condemned in default, the case is not by definition over: an application to set aside lies against a default judgment, with its own short period. Have that assessed straight away — that period can already be running without your having read the judgment.
What can be attached, and what is the attachment-free threshold?
Attachment is only possible after a court has awarded the claim, and part of your income always stays out of reach: the attachment-free threshold. Certain things are moreover excluded entirely — your household effects, clothing, food and pets are among them.
Article 447 of the Code of Civil Procedure excludes, among other things: the household effects of the dwelling occupied, the clothing of the debtor and their household members, the stock of food present, items reasonably needed for personal care and general daily needs, items needed to earn the necessary means of subsistence or for schooling or study, items of a highly personal nature, and companion animals. Items that are excessive in the given circumstances may be attached. And under article 448 of the Code of Civil Procedure the exception does not apply to claims relating precisely to the sale, manufacture or repair of that item itself — so the kitchen you did not pay for may be sold in execution.
The attachment-free threshold is the part of your periodic income the attaching party must leave alone; it attaches to, among other things, wages and social security benefits (article 475c of the Code of Civil Procedure). The threshold is calculated by the bailiff themselves on the basis of the taxable income in the policy administration, and the determination applies for twelve months (article 475d). Where your circumstances change structurally it must be recalculated — but you do have to report that change.
We deliberately give no amounts here. The attachment-free threshold depends on your living situation and income, is adjusted periodically and changes again on 1 January 2026 because the housing benefit rules change; a figure from a blog is therefore almost always wrong for your situation. Check your own threshold with the official calculator at uwbeslagvrijevoet.nl and set the result against what the bailiff applies. Source: Dutch government, "How do I know whether my attachment-free threshold is correct?".
Two provisions that are used too little:
- Bank attachment has its own protection. Attachment of funds held by a natural person at a bank is, under article 475a(5) of the Code of Civil Procedure, only valid in so far as it exceeds an amount linked to the attachment-free threshold for one month. So an emptied account is not automatically lawful.
- The hardship clause. If applying the calculation rules leads to manifestly disproportionate hardship because of a circumstance that has not been taken into account, the subdistrict court can at your request raise the attachment-free threshold for a specified period (article 475fa of the Code of Civil Procedure). That request is low-threshold and rarely made.
If the threshold is demonstrably applied too low, the court can correct it retroactively; that does happen (see ECLI:NL:RBAMS:2021:5185). If eviction threatens because of rent arrears, read our page on tenancy law as well.
Is my debt time-barred?
Most ordinary money claims under a contract are barred after five years, counted from the day after the day on which the claim became due. But every written reminder can start that period again, and after a judgment twenty years applies. So "I have heard nothing about it for ten years" is rarely enough in itself.
| Type of claim | Period | Basis |
|---|---|---|
| Performance of an obligation under a contract | five years from the start of the day following the day on which the claim became due | article 3:307 of the Dutch Civil Code |
| Interest, rent, and everything payable annually or more often | five years, the same | article 3:308 of the Dutch Civil Code |
| Payment of the purchase price in a consumer sale | two years | article 7:28 of the Dutch Civil Code |
| Enforcement of a judicial decision | twenty years from the day following that of the decision | article 3:324 of the Dutch Civil Code |
That two-year period for consumer sales is the most underestimated provision in this area of law. Old webshop and mail order debts surfacing years later with a purchaser of claims regularly founder on it.
Interruption is the mirror image. Under article 3:317(1) of the Dutch Civil Code the limitation period is interrupted "by a written reminder or by a written communication in which the creditor unequivocally reserves their right to performance", after which a new period starts. The test is whether that communication contains a sufficiently clear warning that the debtor must, even after the period has expired, reckon with needing their evidence in order to defend themselves.
What also interrupts: an acknowledgement by you yourself. Signing a payment arrangement, making a part payment or admitting in writing that you owe something can make a limitation period that was almost complete start again. If you are in doubt, make no payment and sign no arrangement before it has been assessed.
What does the collection process look like, step by step?
The process runs from your own reminder to out-of-court collection, then to proceedings and only then to enforcement — and most is to be gained in the first two weeks, not in the last stage.
| Stage | What happens | What to watch out for |
|---|---|---|
| 1. Your own reminder | you demand payment yourself, in writing, with a period | for a consumer this is the fourteen-day letter, and it has to be right |
| 2. Out-of-court collection | an agency, bailiff or lawyer sends a demand | you remain responsible for the accuracy of what is stated |
| 3. Assessment | does the debtor dispute it, or can they simply not pay? | this determines the whole further strategy |
| 4. Summons and proceedings | subdistrict court or district court | a default judgment is quick; a defended case takes months |
| 5. Enforcement | attachment of wages, bank, movable property or real estate | without recourse, enforcement only produces costs |
Stage 3 determines everything. With a debtor who cannot pay, litigating on produces a judgment you cannot cash, plus costs you advance; there a payment arrangement with an acknowledgement is often worth more than a title, and an assets investigation is the first step. With a debtor who will not pay or disputes, pressing on is sensible and speed matters most: anyone who keeps sending reminders for six months gives them time to move their assets.
Collection agency, bailiff or lawyer: whom do you engage, and when?
A collection agency is suitable for volume and undisputed claims, a bailiff is needed as soon as something has to be served or attached, and a lawyer belongs in it as soon as a substantive defence appears, the interest is large or there is haste.
| Collection agency | Bailiff | Lawyer | |
|---|---|---|---|
| Undisputed invoices in volume | strong | good | too heavy-handed |
| Issuing summonses and serving | no | yes | yes, with a bailiff |
| Levying attachment | no | yes | through the bailiff |
| Conducting a substantive defence | no | limited | yes |
| Summary proceedings | no | no | yes |
| Applying for prejudgment attachment | no | levies the attachment, does not apply for the leave | yes |
| Bankruptcy petition | no | no | yes, compulsory |
| Litigating above € 25,000 | no | no | yes, compulsory |
The practical dividing line is the subdistrict limit of € 25,000 (article 93 of the Code of Civil Procedure) and the nature of the defence. For subdistrict cases you can conduct proceedings in person under article 79(1) and a bailiff is often enough; in all other cases parties cannot conduct proceedings in person "but only through a lawyer" (article 79(2)). And as soon as your debtor puts up a substantive defence — defective delivery, set-off, a disputed instruction — the case turns from a collection matter into a matter of evidence, and a collection agency is not equipped for that.
Do not hesitate if you suspect your debtor is siphoning off assets or is about to collapse. Then the order is reversed: prejudgment attachment first, discussion afterwards.
What costs and interest may you as a business pass on?
With a commercial agreement between businesses you are owed at least € 40 in recovery costs without a reminder, the commercial interest runs by operation of law from the day after the final payment date, and the mandatory consumer requirements do not apply. That makes business collection substantially simpler than consumer collection — provided your administration is in order.
Article 6:96(4) of the Dutch Civil Code: with a commercial agreement within the meaning of article 119a(1) or article 119b(1) the compensation consists of at least € 40, "payable without a reminder from the day following the day on which the statutory or agreed final day of payment has expired". That may not be departed from to the creditor’s detriment. This is the Dutch implementation of article 6 of Directive 2011/7/EU on combating late payment in commercial transactions.
Article 6:119a(1) of the Dutch Civil Code makes the commercial interest run "from the day following the day agreed as the final day of payment". If no final payment date has been agreed, the interest runs by operation of law after thirty days, counted from among other things the day after receipt of the invoice or after receipt of the performance. Article 6:119b of the Dutch Civil Code does the same for commercial agreements with a public authority.
For your practice:
- Put a final payment date on every invoice. Without that date you fall back on the statutory thirty-day rule, and that costs weeks of interest.
- Limit long payment terms in your conditions. The directive sets limits on what may be agreed between businesses, and a manifestly unfair term can fail.
- Above € 40 the scale is your reference point — the same percentages as in part 1, only without the mandatory consumer protection and the fourteen-day letter.
- If you also supply to private individuals, the stricter regime applies to that. One collection template for both groups is the most common cause of rejected collection costs.
How long does collection take, and when is summary proceedings or attachment worthwhile?
An undisputed subdistrict case can lead to a judgment within a few months; a defended case takes considerably longer. Anyone who needs speed ends up at summary proceedings or at prejudgment attachment. Those two are often confused, while they solve different problems.
Summary proceedings. Under article 254(1) of the Code of Civil Procedure the interim relief judge has jurisdiction "in all urgent cases in which, having regard to the interests of the parties, an immediate interim measure is required". A money claim in summary proceedings is possible, but the court is cautious: you must make it plausible that the claim exists and that it is urgent, and the risk of having to repay is considered. For an undisputed invoice where you are merely impatient, this is not the route; for a liquidity problem threatening your own business, it may well be. In cases that belong on the merits before the subdistrict court, the subdistrict court also has jurisdiction to grant such relief (article 254(5)).
Prejudgment attachment. This is the most powerful instrument you have before a judgment. Under article 700 of the Code of Civil Procedure it is levied after leave from the interim relief judge, on application. Leave is in principle granted without hearing the other party — the element of surprise is the whole point — and the court decides after a summary examination; no appeal lies against the leave. If no claim on the merits has yet been brought, leave is granted on condition that this happens within a period to be set by the interim relief judge of at least eight days after the attachment; exceeding it makes the attachment lapse (article 700(3)). So there is no fixed fourteen-day period, contrary to what is often written.
A debtor with a frozen bank account usually comes to the table within days. Do not do it lightly: if the claim turns out to be unfounded, you are in principle liable for the loss the attachment caused. A lawyer is required for the application for leave.
Costs. Court fees in subdistrict cases rise with the size of the claim and differ for natural and non-natural persons; the current rates are on rechtspraak.nl. Factor in that only the claimant pays a court fee, and that an order for costs rarely covers your full costs because it is assessed according to the standard scale. Source: Rechtspraak.nl, subdistrict court fees.
Petitioning for bankruptcy as a collection instrument: is that possible?
It is possible, but only if alongside your own due claim there is at least one other creditor and the debtor has genuinely ceased to pay. As a means of pressure on a small claim it is not only unsuitable, but culpable.
Article 1(1) of the Bankruptcy Act provides that a debtor "who is in the position of having ceased to pay" is declared bankrupt by judicial decision, on their own application or at the request of one or more of their creditors. Article 6(3) of the Bankruptcy Act adds that bankruptcy is declared "if it summarily appears that facts or circumstances exist showing that the debtor is in the position of having ceased to pay and, where a creditor makes the request, also of that creditor’s right of claim".
The plurality requirement is not in the statute but follows from the case law: that position generally appears where there is a plurality of creditors, while at least one claim is due (see ECLI:NL:RBROT:2025:9485 and ECLI:NL:RBROT:2025:9486). The Supreme Court explained this in ECLI:NL:HR:2014:1681: the requirement is imposed because bankruptcy is intended to distribute the estate among the creditors jointly, and declaring bankrupt someone who has only one creditor does not fit that purpose. At the same time the existence of several debts is "a necessary but not a sufficient condition". The supporting claim need not be due and need not concern a sum of money, provided it can be submitted for verification; a future claim is not enough.
Worthwhile: the debtor demonstrably pays selectively and has several creditors, and your claim is substantial and undisputed. Not worthwhile: with a disputed claim (the bankruptcy court is not the place to fight out a dispute), with a debtor without recourse, and with a small consumer claim — as the disciplinary case of 7 July 2026 discussed above shows (ECLI:NL:GHAMS:2026:1998). A lawyer is required for the petition (article 5(1) of the Bankruptcy Act).
My debtor is bankrupt. Will I get anything?
You submit your claim to the trustee for verification, but as an ordinary unsecured creditor you are at the back of the queue — and in many bankruptcies nothing is left for that group. What you arranged in advance almost entirely determines what you still get.
Payment is broadly made: first to the secured creditors (holders of pledges and mortgages, who can in principle exercise their rights as if there were no bankruptcy), then the estate debts, then the preferential claims, and only after that the unsecured creditors pro rata. The basis is article 3:277(1) of the Dutch Civil Code: creditors have an equal right among themselves to be satisfied from the net proceeds in proportion to each one’s claim, "save for the grounds of priority recognised by law" — which priority arises from pledge, mortgage and preference (article 3:278(1)). The order as a whole is not in a single statutory article; it has been worked out in the case law.
You submit your claim under article 110(1) of the Bankruptcy Act by or to the trustee, with a written statement setting out the nature and amount of the claim, accompanied by the supporting documents and by a statement whether preference, pledge, mortgage or a right of retention is claimed.
| Instrument | What it does | Where it is set out |
|---|---|---|
| Retention of title | you remain owner until payment in full; the item falls outside the estate | article 3:92 of the Dutch Civil Code |
| Right of reclamation | you reclaim a delivered, unpaid movable item with a written declaration | articles 7:39 to 7:44 of the Dutch Civil Code |
| Right of pledge | a secured position over stock, inventory or receivables | Book 3 of the Dutch Civil Code |
| Bank guarantee or surety | recourse outside the estate | contract |
Retention of title is the most underused instrument in small and medium-sized business. Under article 3:92(1) of the Dutch Civil Code a seller who reserves ownership until a performance has been rendered is presumed to undertake to transfer subject to the condition precedent of payment. It must, however, be in the contract or in general terms and conditions handed over in good time, and your goods must be identifiable to the trustee: anyone supplying unmarked standard goods without registration is legally right but factually has nothing.
The right of reclamation calls for speed, but less than is often thought: under article 7:44 of the Dutch Civil Code the power only lapses when both six weeks have passed since the claim for payment became due and sixty days counted from the day on which the item was stored with the buyer. So both periods must have expired. What was delivered must, however, still be in the same state as when it was delivered (article 7:41).
Alongside bankruptcy there is the Court Confirmation of Private Restructuring Plans Act (WHOA), in force since 1 January 2021. Under article 370(1) of the Bankruptcy Act a debtor for whom it is reasonably plausible that they will be unable to continue paying their debts can offer a plan that the court can confirm; as a creditor you can become bound by it against your will. The scheme does not apply to natural persons without an independent profession or business (article 369(1)). For them there is the statutory debt restructuring scheme in title III of the Bankruptcy Act, which can lead to a clean slate — after which your remaining claim is in principle no longer enforceable.
International collection: how do I get my money from abroad?
Within the European Union collection is considerably simpler than most businesses think: there are two fast European procedures, and a Dutch judgment is enforceable in the other member states without an exequatur. Outside the EU everything depends on whether there is a treaty — and with many countries there is not.
| Instrument | For what | In essence |
|---|---|---|
| European order for payment — Regulation (EC) No 1896/2006 | undisputed, liquidated money claims in cross-border civil and commercial matters | application by standard form; the defendant has 30 days from service to file a statement of opposition; if they do not, the order is declared enforceable |
| European small claims procedure — Regulation (EC) No 861/2007 | claims up to and including € 5,000, not counting interest and costs | written procedure by forms; the threshold was raised from € 2,000 to € 5,000 on 14 July 2017 |
| Brussels I recast — Regulation (EU) No 1215/2012 | jurisdiction and enforcement | a decision given in a member state and enforceable there is enforceable in the other member states without a declaration of enforceability (article 39) |
| European account preservation order — Regulation (EU) No 655/2014 | preservation of foreign bank accounts | without hearing the debtor in advance |
If a statement of opposition is filed in the European order for payment, the fast route is over and the case continues in ordinary proceedings. So the instrument is excellent for debtors who do not pay but have nothing to dispute, and unsuitable for genuine disputes.
Which court has jurisdiction? The main rule of Brussels I recast is that you summon the debtor before the courts of the member state where they are domiciled (article 4). For contractual obligations you can in addition choose the place of performance: for the sale of goods the place where the goods were or should have been delivered under the contract, for services the place where the services were or should have been provided (article 7(1)). A choice-of-court clause saves you that discussion entirely.
Outside the European Union the picture becomes thinner, for example with collection in Turkey or the United Kingdom.
- United Kingdom. Since the end of the transition period the UK no longer falls under Brussels I recast.
It is, however, a party in its own right to the 2005 Hague Choice of Court Convention, with effect from 1 January 2021, and to the 2019 Hague Judgments Convention, which entered into force for the UK on 1 July 2025; for the EU that convention has applied since 1 September 2023. A valid choice-of-court clause in your contract is worth gold here.
- Turkey. There is no enforcement treaty between the Netherlands and Turkey for civil judgments. The route is
article 431(2) of the Code of Civil Procedure: the case is heard and decided here afresh, whereby the Dutch court can under conditions give weight to the foreign decision. Note the distinction with arbitration: Turkey is a party to the 1958 New York Convention, so an arbitral award has a far simpler route. Anyone trading structurally with Turkey would be wise to consider an arbitration clause. We speak Turkish and handle this type of case.
- Other countries. Often what remains is proceedings in the debtor’s own country, with a local lawyer.
That makes the choice between pressing on and writing off a business decision, not a legal one.
What you can arrange in advance and not afterwards: a choice of law, a choice-of-court or arbitration clause, a retention of title that also holds up under foreign law, and security such as advance payment, a bank guarantee or credit insurance. In international trade the contract stage is more decisive for your collection position than the collection process afterwards.
When do you need a lawyer in debt collection?
As soon as a substantive defence appears, as soon as the interest is large, as soon as there is haste — and, on the other side, as soon as you yourself have been summoned or attachment threatens.
| Signal | Why now |
|---|---|
| You have received a summons | the time limits are short and not appearing leads to default |
| Attachment has been levied on your wages or bank account | the attachment-free threshold and the bank attachment protection are regularly applied too low |
| The collection costs depart from the scale | the excess is in principle not payable by a consumer |
| You are unsure whether the claim is time-barred | make no payment and sign no arrangement before this has been assessed |
| Your debtor disputes substantively | the case is then no longer collection but a matter of evidence |
| You suspect your debtor is siphoning off assets | prejudgment attachment requires leave, and speed |
| The claim is above € 25,000 | a lawyer is then compulsory (article 79(2) of the Code of Civil Procedure) |
| Your debtor is bankrupt or is abroad | time limits and routes are special here |
If you are a business, the first question is not legal but factual: is there recourse? An assets investigation beforehand prevents you from buying a judgment that is worth nothing.
Checklist
If you receive a collection letter:
- Is it an ordinary letter or a writ from a bailiff, and have you kept the envelope?
- Have you received a breakdown of principal, interest and costs?
- Has there been a fourteen-day letter, and is the wording of the period in it correct?
- Do the collection costs match the scale, and are separate file costs added on top?
- From what date is interest being charged, and has default arisen?
- Could the claim be time-barred, and have you acknowledged or paid anything since?
- Is there a summons, and when is the hearing? Is there an attachment, and is the attachment-free threshold correct?
If you are a business:
- Is there a final payment date on your invoices, and were your conditions handed over in good time?
- Do you use a separate consumer reminder that complies with article 6:96(6) of the Dutch Civil Code?
- Do you have a retention of title, and are your goods identifiable?
- Does your debtor offer recourse, and do they dispute substantively or simply cannot pay?
About this advice
Arslan Advocaten handles debt collection and procedural law cases from offices in The Hague, Rotterdam, Amsterdam, Utrecht, Tilburg and Eindhoven. We assist both private individuals facing a bailiff, attachment or summons and businesses wanting to collect their claims — in separate files, so that no conflict of interest arises. We also handle international collection, including cases with a Turkish or Polish element. Besides Dutch we speak Turkish and Polish.
Call 070 450 0300 or send us your question through the contact form as well. We will let you know where you stand and what the next step is.
This page gives general information and is not legal advice about your own case. Amounts, percentages and time limits can change; amounts stated apply as at the date given with them. No rights can be derived from the principles set out here.
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