Nearly every company survives on its turnover. If too many invoices go unpaid, a company can go under. This means that collecting outstanding invoices has to be handled carefully. This also means the right timing, as well as the right tone. Whether or not the debtor claims that he cannot or does not want to pay, professional debtors’ management can save loads of unnecessary trouble.
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.
When you transfer your claim or accounts receivable portfolio to an AMS debt collection attorney, you know that you are handing over your claim to an experienced debt collection attorney. When you hand over your claim, the debt collection process usually starts with a summons. This summons offers the debtor one last chance to pay his invoice – with interest and costs. A summons is also known as a notification of default. Depending on the agreements between you and your customer, AMS calculates the exact statutory interest owed or the statutory commercial interest, and the extrajudicial collection costs owed. If the debtor then fails to pay his debt, there are several options and remedies available.
It has always been fairly easy in the Netherlands for a creditor, even before the court has ruled in a legal action that there is a (due and payable) claim, to have assets of his debtor attached. This is called a pre-judgment attachment. After the court has ruled, granting the claim, the creditor can recover his claim from the attached property.
While a lawsuit ending in a favourable judgment may offer a form of relief in way of recognition of your rights, what really matters is whether or not the defendant will actually be able to pay the amount awarded to you. Before spending a considerable amount of time and funds on court fees and lawyers costs, initiating a debt recovery investigation in The Netherlands is worthwhile.
If a debtor wrongfully refuses to pay, and does not respond to a summons, judicial demand or notification of default, that debtor can owe, apart from the principal amount and the statutory interest, the extrajudicial collection costs.