Category: Debt collection in The Netherlands
Lawyers are hired regularly to conduct collections proceedings for their clients. But sometimes, they themselves are the topic of a collections dispute – e.g., because the client hasn’t paid their own invoice. The non-paying client’s defence is often the same: no assignment was given for the work activities and/or too many hours were charged. How does the court assess these claims? Dutch debt-collection law specialist Hidde Reitsma explains on the basis of a recent judgement.
Read more about: Prevent collections disputes: record assignments and specify hours!
Contractors often hire external experts to provide specific recommendations and advice. Consider environmental reports with a construction contract, for example, or tax advice during an acquisition. In a recent case in the Netherlands, a law firm hired an external lawyer for advice concerning an appeal to the Supreme Court. However, the client refused to bear the costs of this. According the client, he had given no permission whatsoever for this assignment. Dutch debt collection law specialist Hidde Reitsma explains the issue.
Read more about: Contractor hired external advisor without permission?
A recent decision in a Dutch court thwarted an attempt circumvent the maximum time period for retaining a bankruptcy request. Dutch debt collection lawyer Heleen Ceelen discusses how a request for a declaration of bankruptcy in the Netherlands works on the basis of the ruling.
Read more about: Dutch court torpedoes attempt to bypass procedural regulation
In summary proceedings in the Netherlands concerning an unpaid loan, the debtor suddenly produced an important document. This was purported to show that the creditor, despite an unpaid balance of a few million, had terminated the loan and that nothing more needed to be paid. Too good to be true? The summary proceedings court handling the case was of the same opinion. Dutch debt collection attorney Hidde Reitsma discusses the ruling.
Read more about: Forged loan termination agreement no benefit to debtor
Multiple pledging of one and the same property is a regular occurrence in the Netherlands, the holder of the first pledge takes precedence above the second pledge holder. If the first pledge holder proceeds to redemption, then the second pledge holder is entitled to lay claim only if the first pledge holder’s claim is fully paid. But what happens if the pledging party goes bankrupt in the meantime? To whom does any surplus redound – the second pledge holder or to the liquidator? Dutch debt collections attorney Sander Schouten discusses a recent Dutch ruling on a right of lien on claims.
Read more about: Dutch right of lien on claim lapsed because of collection by first pledge holder?
As from 1 November 2016, the Netherlands will adopt the legislative proposal for the introduction of a European account preservation order. This new development will facilitate the collection of receivables from abroad. Debt collection lawyer and receiver Heleen Ceelen explains the establishment and working method of the European preservation order.
Read more about: European preservation order facilitates attachments abroad
If a claim for payment of an amount of money is not complied with, the claim increases. Interest, collection costs and possible court costs are to the account of the debtor. If the debtor makes several partial payments, it is sometimes unclear which part of the claim has already been paid. The law therefore stipulates an allocation sequence. Dutch collection lawyer Marco Guit explains, based on a recent case, how the legal allocation sequence works.
Read more about: Legal allocation sequence in collection claim
When entering into a loan agreement, it is important to carefully record in writing the agreements about the manner and the instalments of the redemption. Different interpretations of the loan agreement can result in legal disputes. In a recent debt collection dispute the court had to intervene between the parties. This case centred around the issue of whether the loan had become due and payable or not. Dutch debt collection lawyer Marco Guit explains.
Read more about: Record additional redemption loan agreements in addendum!