Court collection procedure
The next step toward payment
When all previous reminders and efforts to collect your debt have failed, the next step is a court collection procedure.
A court procedure allows you to force the non-payer to settle the outstanding invoices.
A court collection procedure may sound complicated, but with our help it is much easier than it sounds.
Step by step toward payment with the help of Breyta collection agency
Breyta collection agency is happy to help you make the right choice and answer the following questions about starting a court procedure:
- When does a collection agency start a court collection procedure?
- What are the steps in a court collection case?
- How high are the court collection costs?
Our collection specialist Kees Post explains it below and advises on hiring a collection agency.
The summons
The court collection process starts with drafting a summons. In the summons the claiming party sets out the legal and factual reasoning of the claim. This forms the basis on which the claiming party asks the judge to award the claim.
Court procedure
The court procedure is handled by the subdistrict court or the civil court.
In a court collection procedure there is the right to hear and be heard. If one party makes a statement, the other party is given the opportunity to respond.
Sometimes the judge decides that they want to speak to the parties in person; this oral hearing is called a comparison hearing.
If the defendant party does not respond, a so-called default judgment is issued in which the judge awards the claim if the formalities are met.
Court ruling
The court collection procedure ends with a ruling by the judge. A judgment or a court order.
This states who is right and what must be paid. The judge also decides which party is responsible for the costs of the court procedure. These costs are borne by the losing party.
Engage a bailiff
If the judge awards the claim and the debtor does not pay voluntarily, the court bailiff can be engaged.
The court bailiff can seize income or property of the debtor. This way payment can be enforced.
Frequently asked questions court collection procedure
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How long does a court collection process take?
A court collection process without defence by the debtor takes 5 weeks.
In 80% of cases the non-payer offers no defence.
A court collection case with defence by the debtor can take several months.
This is because:
- The judge wants to hear the defence in person from the parties involved
- The parties exchange written defences and do not reach a solution or settlement.
Do I have to go to court as a creditor?
A court collection process can be conducted entirely in writing. So you as a creditor can simply continue running your business while Breyta collection agency does the work.
How long is a court ruling (judgment) valid?
A judgment is valid for twenty years, as legally established in the Dutch Civil Code.
Is an out-of-court collection procedure the same as court collection?
No, an out-of-court collection is an attempt to recover the debt without legal action, while court collection takes place through the courts.
Breyta Debt Collection Services
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