DEBT COLLECTION IN THE NETHERLANDS (HOLLAND)
MD Lawyers International Law Firm
Our Lawyers in The Netherlands (Holland) are specialized in debt collection and debt recovery in the whole Dutch territory. Our Law Firm provides legal services focused on the recovery of unpaid invoices and in general of credit belonging to our Clients. We operate in Rotterdam, Amsterdam, The Hague and in all the main Dutch cities.
Through our experience and leadership in this field, we developed a methodological approach toward the international debt collection. The international Dutch Lawyer follows a default strategy to bring the best recovery in a field that often is complicated. Only with a high grade of experience and professionality there are effective possibilities of debt collection in the Netherlands. We work in the following way:
1. Financial Analysis of the debtor located in the Netherlands if the Client requires this activity;
2. Legal notice of payment in order to obtain the extrajudicial debt collection in the Netherlands;
3. Litigation in front of all the Courts in the Netherlands if the phase before was not successful;
4. Enforcements on real estates, goods, bank account or credits belonging to the debtor located in the Netherlands.
There are two main ways to collect a credit in The Netherlands:
1) Extrajudicial Collection:
The first phase to collect a credit, arising from unpaid invoices or from a breach of contract, is to study the case and check if the debtor has a financial capacity to pay the debt. The second step taken by our Dutch lawyers is to study the case and analyze the juridical reasons of the claim and draft a formal legal notice of payment, assigning to the debtor a term to pay. Our activity continues with the telephone calls in order to receive the payment of the overdue amounts.
2) Ordinary litigation in The Netherlands:
Our Lawyers in the Netherlands, in case the extrajudicial phase is not positive, will proceed with the legal action in front of all the Dutch courts (Cassation included), to defend the rights of the Clients. It is very important to underline that if you are sued by a Dutch plaintiff, the terms for the constitution of the defendant are always quite short and it is important to contact a lawyer in the shortest possible term. According to the Dutch law, most of the terms, can be postponed through a Lawyer, giving more time to organize the documentation and the defenses.
3) Freezing Order in The Netherlands:
Our Law Firm assists foreign Clients in obtaining freezing orders in the Netherlands to safeguard their rights. One peculiarity of the Dutch Law is that the freezing order, requested by the creditor, is executed by the Bailiff without a prior notice to the debtor. This is very important as the freezing order will safeguard the assets of the debtor.
The procedure is the following one: our Lawyer in Netherlands will file the petition to the Court to obtain the freezing order and, in general, within 48 hours the authorization is given. After receiving this authorization from the Dutch court the Bailiff will be able to freeze the assets of the debtor.
The requirements to receive a freezing order regarding unpaid invoices are the following ones:
We provide debt recovery services in The Netherlands in all the main Dutch cities as:
Rotterdam | Amsterdam |The Hague | Haarlem | Haarlemmermeer | Zoetermeer | Dordrecht | Leiden | Utrecht | Delft | Groningen | Maastricht | Alkmaar | Leeuwarden | Arnhem
Through our experience and leadership in this field, we developed a methodological approach toward the international debt collection. The international Dutch Lawyer follows a default strategy to bring the best recovery in a field that often is complicated. Only with a high grade of experience and professionality there are effective possibilities of debt collection in the Netherlands. We work in the following way:
1. Financial Analysis of the debtor located in the Netherlands if the Client requires this activity;
2. Legal notice of payment in order to obtain the extrajudicial debt collection in the Netherlands;
3. Litigation in front of all the Courts in the Netherlands if the phase before was not successful;
4. Enforcements on real estates, goods, bank account or credits belonging to the debtor located in the Netherlands.
There are two main ways to collect a credit in The Netherlands:
1) Extrajudicial Collection:
The first phase to collect a credit, arising from unpaid invoices or from a breach of contract, is to study the case and check if the debtor has a financial capacity to pay the debt. The second step taken by our Dutch lawyers is to study the case and analyze the juridical reasons of the claim and draft a formal legal notice of payment, assigning to the debtor a term to pay. Our activity continues with the telephone calls in order to receive the payment of the overdue amounts.
2) Ordinary litigation in The Netherlands:
Our Lawyers in the Netherlands, in case the extrajudicial phase is not positive, will proceed with the legal action in front of all the Dutch courts (Cassation included), to defend the rights of the Clients. It is very important to underline that if you are sued by a Dutch plaintiff, the terms for the constitution of the defendant are always quite short and it is important to contact a lawyer in the shortest possible term. According to the Dutch law, most of the terms, can be postponed through a Lawyer, giving more time to organize the documentation and the defenses.
3) Freezing Order in The Netherlands:
Our Law Firm assists foreign Clients in obtaining freezing orders in the Netherlands to safeguard their rights. One peculiarity of the Dutch Law is that the freezing order, requested by the creditor, is executed by the Bailiff without a prior notice to the debtor. This is very important as the freezing order will safeguard the assets of the debtor.
The procedure is the following one: our Lawyer in Netherlands will file the petition to the Court to obtain the freezing order and, in general, within 48 hours the authorization is given. After receiving this authorization from the Dutch court the Bailiff will be able to freeze the assets of the debtor.
The requirements to receive a freezing order regarding unpaid invoices are the following ones:
- to give the proof of the agreement between the parties (contract or order confirmation or verbal agreement);
- to produce the invoices connected to the credit;
- to produce a notice of payment sent by the creditor.
We provide debt recovery services in The Netherlands in all the main Dutch cities as:
Rotterdam | Amsterdam |The Hague | Haarlem | Haarlemmermeer | Zoetermeer | Dordrecht | Leiden | Utrecht | Delft | Groningen | Maastricht | Alkmaar | Leeuwarden | Arnhem