The lawyers of Dutch law firm AMS act in all matters of debt recovery in The Netherlands. We have many years of experience in all kinds of debt collection cases. We offer fair and transparent fee structures – among which, depending on the nature and the volume of the claims, no-cure-no-pay-structures – and we always aim for a maximum result at a minimum costs. In The Netherlands, there are several alternative methods for debt collection. Dutch debt collection lawyer Thomas van Vugt, owner at law firm AMS attorneys, explains.
An application for insolvency can be made in order to put a maximum pressure at low cost. This has proven to be a very efficient and relatively low-cost instrument of debt collection. Legal proceedings can be started either as summary proceedings or as proceedings on the merits.
Dutch law offers the highly efficient possibility to effect prejudgment attachments on any asset of the debtor (such as tangibles, real estate,
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shares, rights of intellectual property, claims, payable rent or payable wages). Such attachment aims to secure recovery of the debt on the attached asset.
If debt collection is not (only) a matter of the debtor not being willing to pay, but if parties also have a dispute, they may negotiate a settlement agreement on that issue. It is always wise to clearly record those agreements in a settlement agreement. The Dutch Civil Code gives several rules on the settlement agreement. Setting down the agreements in writing can save having to go to court. As a basic rule, we start with sending a letter of demand by registered mail, followed by telephone calls and e-mails in order to put pressure on the debtor. Should the debtor fail to pay, we can choose the right instrument to further pursue the debtor.
Our debt collection lawyers have built up vast experience in successfully and cost-effectively resolving cases involving debts that are due and payable. We can advise you on the best approach and strategy, an approach that aims to prevent problems from escalating but, if necessary, includes going to court.