Checklist for Debt Collection in the The Netherlands

1 - Statute of limitations of the credit

5 years (ordinary term for commercial and civil debts, special regimes apply to different claims)

2 - How to interrupt the statute of limitations

Written statement from creditor in which it demands payment or reserves rights thereto

3 - Lawyer demand letter

Not mandatory (but strongly recommended as preliminary proof)

4 - Competent Court

Depending on the value of the claim: District Courts (in Dutch: Rechtbank) for EUR 25,000,- and up Subdistrict Court (in Dutch: Kanongerecht) for less than EUR 25,000,-

5 - How to appoint a lawyer

No need of a formal proxy

6 - Documents required for court action

Contract,  invoices, statements of account, reminders, any acknowledgement of debt, useful correspondence

7 - Average duration of an ordinary lawsuit

12 months

8 - Special proceedings for monetary claims

None. Within EU for uncontested claims European Payment Order

9 - Regime of legal fees

Extrajudicial costs: reimbursed via BIK scale. In proceedings: become court costs (art. 241 DCCP). Court costs: awarded per liquidation rate.

10 - Interests on arrears

Two types of statutory interest: regular (art, 119 DCCP) and commercial (art. 119a DCCP)