In a dispute about a loan, the question is almost never whether money was transferred. That is usually established. It is about three other questions: was it a loan or a gift, was repayment already due, and can you prove it. We handle these disputes from both sides — for those reclaiming money and for those being asked to repay.
Where do you stand in this dispute?
- You lent money and are not getting it back. Then the first question is what you can prove and whether the claim is already due. Continue at you lent money.
- You are being asked to repay. Then the question is whether the claim is correct, whether repayments were made, and whether it is not time-barred. Continue at you are being asked to repay.
- It concerns a bank or credit provider. That is a different playing field, with its own duties of care and the route to Kifid. Read dispute with a bank or credit provider.
You lent money and are not getting it back
A loan does not have to be on paper. An oral agreement is also a contract; the essence is that an equivalent amount is repaid (article 7:129 of the Civil Code). The problem is usually the evidence: whoever relies on repayment bears the burden of proving it (article 150 of the Code of Civil Procedure). Bank statements, app messages, e-mails and witnesses can together support the picture.
If no repayment date was agreed, the obligation does not arise by itself. Article 7:129e of the Civil Code gives the borrower six weeks after you have announced that you are calling in the loan — unless a different moment follows from the agreement. That announcement is therefore often the first real step, and it also determines when the limitation period starts to run.
- Reclaiming money lent without a contract — evidence and calling in the loan
- Reclaiming money from your ex — loan or gift
- Reclaiming a family loan — interest, waiver and expectations
- Limitation of a private loan — and how to interrupt it in time
- Business loan not repaid
- Reclaiming a shareholder loan
You are being asked to repay
A demand for payment is not an established fact. First check exactly what is being claimed: which principal, which repayments have been processed, which interest is being charged and on what basis. With a loan between two private individuals who are not acting in the course of a profession or business, contractual interest is only due if it was stipulated in writing (article 7:129c(1) of the Civil Code). A percentage chosen afterwards cannot simply be added.
Limitation also plays a role. A contractual claim is in principle time-barred five years after the day on which it became due (article 3:307(1) of the Civil Code); for a loan without an end date the special rules of paragraph 2 apply. You have to invoke limitation yourself — the court does not apply it of its own motion.
- Disputing repayment of a loan
- Unjustified interest and costs on a loan
- Suretyship: what if you are held liable
Loans within a relationship or family
It is precisely here that paperwork is most often missing, and precisely here that the accounts differ most. Was it a loan, a gift or a contribution to the joint household? For spouses, article 1:87 of the Civil Code provides a right to reimbursement, but the Supreme Court has made clear that this rule does not simply apply to cohabitants who are not married or registered partners (Supreme Court 10 May 2019, ECLI:NL:HR:2019:707). Then the arrangements made and the general law of obligations are the starting point, and sometimes unjust enrichment (article 6:212 of the Civil Code).
How we handle a loan case
- Qualify. What exactly was agreed, between whom, and in what capacity? Loan, gift, cost arrangement or investment — everything depends on that.
- Build a timeline. Advances, repayments, correspondence, calling in the loan. That shows when the claim became due and which period is running.
- Organise the evidence. Which document supports which assertion? A single total amount without substantiation is rarely enough in proceedings.
- Interrupt or demand payment. If a limitation period is about to expire, an unambiguous notice interrupting it comes before everything else (article 3:317 of the Civil Code).
- Choose. Settle, collect or litigate — with a realistic assessment of the evidential position, the prospects of recovery and the costs.
What it costs
If you qualify for subsidised legal aid, the Legal Aid Board can reimburse part of the lawyer’s costs. A personal contribution and other costs, such as court fees, may remain. At the first assessment we discuss whether this route is possible for your case and which costs you bear yourself.
If you do not qualify, we work at a reduced rate or for a fixed price for a clearly defined process. The amount depends on your personal situation and on the case: the size of the claim, whether the facts are established or disputed, and whether it stays at a demand for payment or proceedings follow. You hear the amount before we start.
Frequently asked questions
Can I reclaim money without a written loan agreement?
Yes. A loan can also be concluded orally. You must, however, be able to prove that the agreement exists, and that burden of proof lies with you (article 150 of the Code of Civil Procedure). A transfer with a description, app messages about repayment, a partial repayment or a witness who was present when the agreement was made can together be enough. A single transfer without context is usually too little, because it does not show whether it was a loan or a gift.
When does the borrower have to repay if we did not agree a date?
Then article 7:129e of the Civil Code applies: repayment must take place within six weeks after you have announced that you are calling in the loan, unless a different moment follows from the agreement. So it is best to make that announcement in writing and in a way you can prove. If it was agreed that repayment would be made “as soon as he can”, the court can determine the moment at which the loan becomes due (article 7:129f of the Civil Code).
Is my claim time-barred after five years?
Not automatically. The five-year period runs from the day after the claim became due, not from the transfer (article 3:307(1) of the Civil Code). For a loan without a repayment date there is a separate rule with, in addition, a period of twenty years (paragraph 2). Moreover, the period may have been interrupted by a written reminder or by acknowledgement, for example a partial payment (articles 3:317 and 3:318 of the Civil Code). Have the timeline assessed before you assume it is too late.
My ex says it was a present. Who has to prove what?
You assert that there is an obligation to repay, so in principle you bear the burden of proving it. If your ex then relies on a gift, that assertion must also be substantiated. In practice the factual picture decides: the size of the amount, what was said around the payment, whether repayments were made and whether the amount fits what partners usually give each other.
Can I be held liable as a guarantor for someone else’s loan?
That is possible, but protective rules apply. The guarantor is only bound once the principal debtor fails to perform (article 7:855 of the Civil Code). With a private suretyship a maximum amount must have been agreed if the principal was not yet fixed when it was entered into (article 7:858 of the Civil Code), and the suretyship is in principle proved against the guarantor by a document signed by him (article 7:859 of the Civil Code). The consent of a spouse may also have been required (article 1:88 of the Civil Code).
Is litigating worthwhile if the other party has no money?
That is a consideration in advance, not a side issue. A judgment is only worth something if recovery is possible: wages, a bank account, a car, a home or a business. Sometimes a payment arrangement with an acknowledgement of the debt is worth more than a judgment that cannot be enforced — and such an acknowledgement immediately interrupts limitation. We map that out before you incur costs.
Have your case assessed
Send us your documents via arslan.nl/contact. The first assessment is free of charge: you hear whether your case stands a chance, which route fits and what that route would cost you. If a time limit is running or a hearing date has been set, mention it straight away. We have offices in The Hague, Rotterdam, Amsterdam, Utrecht, Tilburg and Eindhoven and can also help you in Turkish, Polish and English.
Written by Onur Arslan, lawyer at Arslan Advocaten and responsible within the firm for the financial practice: credit registrations, loans and disputes with lenders. Registered in the areas-of-law register of the Netherlands Bar for employment law and personal injury. Content checked on 13 September 2026 against the statutory text on wetten.overheid.nl, the CKI General Regulations (July 2024) and the judgments cited on rechtspraak.nl.
Our offices: visiting address and direct telephone number
Each office has its own direct number. The first conversation is free of charge and confidential; besides Dutch we speak Turkish, Polish and English.
| Office | Telephone | Visiting address | |
|---|---|---|---|
| Den Haag | 070 4500 300 | Paletplein 80, 2526 GZ Den Haag | [email protected] |
| Den Haag (Goeverneurlaan) | 070 4500 300 | Goeverneurlaan 445, 2523 CB Den Haag | [email protected] |
| Rotterdam | 010 311 5500 | Schiedamsedijk 60-A, 3011 EH Rotterdam | [email protected] |
| Amsterdam | 020 747 0055 | Pieter Calandlaan 769, 1069 SC Amsterdam | [email protected] |
| Utrecht | 030 747 0038 | Atoomweg 63, 3542 AA Utrecht | [email protected] |
| Tilburg | 013 747 0022 | Kraaivenstraat 38-10, 5048 AB Tilburg | [email protected] |
| Eindhoven | 040 711 3099 | Croy 7C, 5653 LC Eindhoven | [email protected] |
Not sure which office is most convenient? Then call 070 4500 300 or send your question through the contact form; we will put you through to the right colleague.