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Blog for "debt collection"
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Blog 62
- Litigation 23 April 2018 4 min
If I win a case in the Netherlands, who will pay my lawyer?
This question is often raised when someone is considering initiating legal proceedings in the Netherlands. Lawyer Onno Hennis explains the situation in the Netherlands with regard…
- Dutch employment law 13 September 2017 4 min
Pre-pack bankruptcy is the transition of an enterprise in terms of employment law
The 22 June 2017 verdict by the European Court of Justice qualifies a pre-pack as the transition of an enterprise in terms of employment law. Because of this decision, the former…
- Insolvency law in The Netherlands 12 July 2017 3 min
Violation of the administration obligation and director’s liability: AMS explains!
…director of a bankrupt enterprise liable for the remaining debts of the estate in the event of mismanagement. In principle, it is then up to the administrator to prove that the…
- Insolvency law in The Netherlands 4 May 2017 3 min
Undeclared right of lien on a Bentley. Good-faith buyer?
This case concerns a finance company with an undeclared right of lien on a Bentley. The party issuing the pledge did not pay the finance company. Subsequently, the finance company…
- Corporate law in The Netherlands 13 March 2017 3 min
Interim relief judge: enforcing judgment is abuse of power
The mere fact that someone has the (legal) power to take a certain action, does not always mean that he is allowed to use this power unimpaired. Under circumstances invoking a…
- Dutch contract law 10 January 2017 4 min
Identification only under exceptional circumstances
…often happens that a creditor misses the boat because the debtor keeps their assets in a legal entity. The debtor may be liable, but because the collateral assets are lodged with…
- Litigation 13 December 2016 3 min
Dutch Court sanctioned party to proceedings for multitude of submissions
Last summer, in proceedings in which the Dutch Court gave judgement, the claimant was ordered to pay a higher than usual reimbursement of the other party’s legal costs. The Dutch…
- Dutch contract law 29 November 2016 3 min
Who is the client: one-man business or limited company?
In commercial transactions, orders are not always recorded in writing. Negotiations are sometimes done in person, whereupon a client verbally accepts a contractor’s offer. It is…
- Corporate law in The Netherlands 9 November 2016 4 min
Do bank guarantees provide security for underlying legal relationship?
In the Netherlands, bank guarantees are common financing arrangements and are used to obtain (nearly absolute) security for the underlying legal relationship.This security…
- Corporate law in The Netherlands 24 September 2016 7 min
If you have received a summons: advice from a Dutch lawyer
…claim that the defendant shall be ordered to pay his debt. Legal proceedings – either summary proceedings or proceedings on the merits – […]