DEBT COLLECTION IN THE NETHERLANDS

In the Netherlands there is a well-defined monitoring procedure for applying for an order of payment. Except for the procedure for requesting the European injunction (European Payment Order), which we have already talked about on this page, the possible legal action for the recovery of the credit is through an ordinary procedure in accordance with the provisions of Articles 139 – 142 WvBR.

PAYMENT INJUNCTION

Like any ordinary procedure, the introductory act is the summons (subpoena) that is served on the debtor with the help of a bailiff (Deurwaarder), with whom a date will be set for the start of the procedure.

After the parties have presented their petitions, they will attend a hearing before the Judge, who, before issuing a decision, will give the parties a chance to find an agreement, generally anticipating informally the judgment.

If the parties find an agreement, the same will then be approved by the Judge, otherwise the Court will decide on the matter, issuing a sentence.

RECOVERY OF THE CREDIT THROUGH THE ATTACHMENT OF ASSETS (EXECUTIVE PHASE)

The bailiff (Deurwaarder) is the main party in the enforcement procedure of the titles that have become enforceable (judgments, E.P.O. etc.). Once the executive deed has been notified to the debtor, the same will have two days to proceed with the payment (note the time difference with the other procedures in other countries after which, you can proceed with the attachment – seizure procedure.

During the bank seizure procedure, the writ will be notified directly to the bank, with the consequential effect of freezing the debtor’s fund.

The Dutch enforcement procedure for debt collection stands out for its speed and efficiency, albeit in the face of not always moderate costs.

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