Law

Collecting extra judicial costs in the Netherlands

By Johan. F. Langelaar and Michiel Teekens, TeekensKarstens advocaten notarissen

Creditors involved in international business can optimise their (legal) collection position by knowing and applying the (national) rules of extra judicial costs collection and by using a thorough debt collection service provider in the country in which the debtor is located.

From 1 July 2012, a new law was introduced relating to extra judicial costs that result from non-compliance with contractual payment obligations. The law regulates the amount of extra judicial costs through cumulative percentage fees.

The amounts of the extra judicial costs mentioned are binding to claims against consumers. Furthermore, the new law states that a statutory summons should be provided to the consumer after he/she is in default. If this statutory summons is not paid, the extra judicial costs become due and payable.

It is important to note that the proceeding described above is regulatory law in regard to company debtors. If the creditor has not covered the relevant issues in the agreement or the general conditions, the statutory proceeding will apply. It is therefore important for international creditors who have company debtors in the Netherlands to contractually optimise the extra judicial collection proceeding and costs.

The use of a law firm for the collection of claims and extra judicial costs is also recommended, especially when the claim is disputed. Quality debt collection leads to optimal collection results.


Johan F. Langelaar
TeekensKarstens advocaten notarissen, Leiden, The Netherlands
T: +31 71 535 80 00
E: This email address is being protected from spambots. You need JavaScript enabled to view it.; W: www.tk.nl

Michiel Teekens
TeekensKarstens advocaten notarissen, Leiden, The Netherlands
T: +31 71 535 80 00
E: This email address is being protected from spambots. You need JavaScript enabled to view it.; W: www.tk.nl

Johan Langelaar is a partner at TK and manages international affairs. He specialises in (international) commercial and business law, litigation and arbitration. He is also an arbiter himself. Johan Langelaar is Global Chairperson of the International Dispute Resolution Practice Group, and an active participant in the Debt Collection & Restructuring Practice Group.

Michiel Teekens is an (international) corporate and commercial litigator and active GGI participant at the GGI EasyMeets. He is also a member of the International Dispute Resolution Practice Group. Furthermore, he participated through GGI in the Global Village for the Move 2012 program.

TeekensKarstens lawyers notaries (TK) is the largest legal services provider in the 'Rijnland' area, which is centrally located between Amsterdam, The Hague and Utrecht, and just fifteen minutes from Amsterdam Schiphol Airport. From its offices in Leiden and Alphen aan den Rijn, over fifty lawyers and (candidate) notaries operate and provide full service to mainly large and medium enterprises, (semi-) public sector and individuals, hailing from the Netherlands and beyond.

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