Dutch law firm AMS attorneys in Amsterdam offers the complete range of debt collection and credit management services in The Netherlands. Depending on the amount and the nature of the claim and the debtor, our Dutch debt collection lawyers advise to either start debt collection proceedings, or to file for bankruptcy against your debtor. Furthermore, we can affect a prejudgment seizure on any claim, tangible asset or real estate of your debtor in The Netherlands. We offer our clients the highest professional standards at low costs.
In order to be able to efficiently manage the debt collection process, it is essential to have the file complete. The file should at least contain:
The debt collection process usually starts with a demand letter, in which not only the principal sum due, but also all interests and costs (including the extrajudicial collection costs) are claimed, granting the debtor a short but reasonable term to have this amount paid. Should the debtor not have paid its debt timely, we contact the debtor by telephone, indicating that debt collection proceedings will follow immediately. We have learned that in most cases, the debtor pays its dues at this stage.
Depending on the nature of the claim and the debtor, we may advise to start debt collection proceedings. The Dutch legal system offers a range of possibilities for creditors to collect their debts by ways of litigation, such as:
We frequently use a petition for bankruptcy as an effective instrument of debt collection. Any creditor – whether he has a judgment or another title to enforcement or not – may file a petition for bankruptcy. De District Court declares the debtor bankrupt/insolvent, if (1) the applying creditor has provisionally shown the existence and the validity of its claim, and (2) it is shown that the debtor has left at least two debtors unpaid.
Filing for bankruptcy offers the debtor a clear choice: either pay what’s due to the applicant, or be declared bankrupt. The idea is that if a debtor can pay, he will pay. Therefore, filing for bankruptcy is a very efficient method of debt collection. The proceedings are quick and efficient, and the creditor avoids time and cost-consuming proceedings.
The Dutch lawyers with AMS are considered specialists in debt collection. They offer a sharp and transparent fee structure, and aim to provide high-end professional services.