Category: Debt collection in The Netherlands
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!
Until now, attachments could only be levied on Dutch bank accounts. Procedures are now being developed which will enable prejudgment attachments on balances of bank accounts in other EU countries. Dutch debt collection lawyer Hein Hoogendoorn explains how this will work.
Read more about: Will prejudgment attachments on EU bank account be possible?
Luxury meals, fancy chocolates, skiing trips, school books for the children and large sums spent at consumer electronics stores. These are only a few of the many private expenses that a treasurer of a church financed
Read more about: Couple which committed fraud has to pay the church over €800,000!
When doing business with a company for the first time, it is advisable to check the Commercial Register to see what form of enterprise conducts the business activities, whether this is a private limited company (BV), a sole trader or possibly a general partnership (VOF). You then know exactly who you are dealing with. And it can prevent summoning the wrong party in a business dispute. Lawyer Hidde Reitsma, specializing in debt collection disputes, discusses a recent ruling where this was the case.
Read more about: Contracting party unclear? Check the Commercial Register!
In cases involving collection, oftentimes, pending a ruling, a prejudgment attachment is imposed on the assets of the debtor. This gives the creditor security that there is still something left after the collection procedure. Because prejudgment attachment is quite onerous for the debtor, he can apply for lifting such an attachment in preliminary relief proceedings. In a recent legal action, the issue was whether a bank guarantee offers the same security as a prejudgment attachment. Collection lawyer Hidde Reitsma explains this ruling.
Read more about: ‘Bank guarantee offers more security than prejudgement attachment’
In recent collection proceedings the debtor argued that the limitation period had expired for the claim in question. The court in the first instance ruled that this was the case. But the Court of Appeal disagreed. When is there an interruption and which requirements are there for this? Debt collection lawyer Thomas van Vugt explains.
Read more about: The limitation period in loan agreements: is a demand an interruption?