Written by Kees Post
5 November 2022
A judicial and/or legal procedure sounds complicated, but it is not with our help!
Collection agency Breyta is happy to help you make the right choice.
"Is your customer not paying his bill despite all your efforts? Breyta is happy to help you take the next step towards payment."
A judicial collection procedure ensures that you can force the defaulter to pay the outstanding bills.
- When do you start court collection proceedings?
- What are the steps in a legal collection case?
- How much does going to court cost?
Our debt collection specialist Kees Post explains below.
Judicial collection proceedings; the five key points
- Let yourself be informed in advance good inform about opportunities and risks
- The amicable (the preliminary process) collection process makes a difference
- Is there no defence (most cases)? Then at Breyta all costs recover from your customer
- If the court grants the claim, a bailiff be engaged
- You start a procedure at Breyta as early as 300 euros
What is a judicial collection procedure?
In a court collection procedure, your customer is summoned to appear in court. Judicial collection proceedings usually follow after the amicable collection phase. The court then issues a judgment. This judgment allows the bailiff to seize income and property of the debtor.
How does a judicial collection procedure?
A court collection procedure is the second stage of a collection process, the amicable collection process is gone through first. If the first phase has not provided a solution, the judicial collection phase may be a solution.
The judicial collection procedure in clear steps
The summons
The judicial collection process start drafting a subpoena. In the summons, the plaintiff states, the legal and factual grounds for the claim. This forms the basis on which the plaintiff asks the court to grant the claim.
Legal proceedings
The court proceedings will be handled by the subdistrict court or civil court.
In a court collection procedure, there are mutual hearing. If a party states something, the other party gets a chance to respond to it.
Sometimes the judge determines that he wants to speak to the parties orally, this oral hearing, is called an settlement named.
If the defendant fails to respond, a so-called default judgment in which the court grants the claim if the formalities are met.
Judge's ruling
Judicial collection proceedings end with a court ruling. Eand judgment or a decision.
This states who is right and what must be paid. The judge will also decide which party is responsible for the costs of the legal proceedings. These costs will be borne by the losing party.
Engaging a bailiff
If the court awards the claim and the debtor does not pay voluntarily, the bailiff be enabled.
The judicial officer can seize income or property of the debtor. That way, payment can be enforced.
Costs of judicial collection proceedings
There are costs associated with legal collection proceedings. You can pay these consider costs as an investment. Breyta applies fixed costs for cases where the claim is not disputed. These costs are fully recoverable from the other party.
These costs consist of the:
-
- drafting of the summons by our lawyer;
- issuance of the subpoena by our bailiff;
- court fee for the court;
The 'claim' consists of the outstanding amount of invoices, collection costs and interest.
Our fixed tariffs for uncontested cases:
| Investment: | Claim maximum: |
| € 300,- | € 500,- |
| € 675,- | € 2.500,- |
| € 875,- | € 12.500,- |
| € 1.875,- | € 25.000,- |
Disputed claims or higher than €25,000? Request a customised quotation below.
Within one working day you will receive an advice and cost estimate. Completely free of obligation. We only start working after your approval.
Questions about judicial debt collection proceedings?
Ask our debt collection professional Kees Post
Fact: Judicial verdict is valid for 20 years
A major advantage of winning a court collection case is that a judgment does not lapse for 20 years.
In other words, you can 'enforce' the judgment for 20 years. This is an advantage because the limitation period is a lot lower without a court judgment:
-
- A consumer bill is without judgment only 2 years claimable.
- A business invoice is up to 5 years from invoice date to be claimed.
A court judgment therefore increases the possibilities of recovering the claim in the future. MShould the debtor not have the money to pay now.
Conclusion: Is legal debt collection proceedings worth it?
This depends a lot on the circumstances. It is therefore important to get yourself properly advise beforehand.
In the positive cases which we often experience, the debtor pays even before proceedings start.
(1) Through the bailiff's visit with the summons prepared by us, the debtor sees that the menens is. To avoid the risk of further costs pays the debtor.
(2) Even after going through the court collection process, it often happens that the debtor still comes over with payment. With or without the help of the bailiff who can seize income and the debtor's property.
But it is good to also consider beforehand that be right, does not equal agree. This is the case, for example, if the court finds in your favour but the debtor goes bankrupt, or there is no income and property.
Legal proceedings can be lengthy and require an investment. Make sure you are well prepared in the preliminary stage and get informed in advance about the expected opportunities and risks to avoid nasty surprises.
"Don't wait too long to start legal proceedings, the chances of success will be highest then."
Within one working day you will receive an advice and cost estimate. Completely free of obligation. We only start working after your approval.
Sparring about your case?
Feel free to call us at 033-785 8470.
Then we will discuss the best approach together.
✅ Connected in 1 minute with a collection professional
✅ Free advice On the best debt collection approach
✅ On weekdays from 08:00 - 20:00 hour
✅ Special for entrepreneurs
Frequently asked questions the judicial collection procedure
What is a debt collection subpoena?
A collection subpoena is an invitation to appear in court.
The plaintiff asks the court, to order the defendant to pay a sum of money.
What does a debt collection subpoena contain?
In a debt collection writ, the plaintiff makes a reasoned request to the court to order the defendant to pay an outstanding amount.
In doing so, in the summons also when the defendant's defence, if any, must be in with the court. And practical information on where and when the hearing is.
The time between serving (delivering) the summons and the first hearing should be at least 7 days are.
What is 'serving' a debt collection summons?
Serving can be interpreted as delivering a subpoena. To this end, only a bailiff authorised. The bailiff delivers the summons to the address where the defendant lives or where the company is registered. Depending on who is present at the address, the summons is handed over or put through the letterbox.
The summons is at least in duplicate, with one copy for the defendant and one copy for the court. After service, the summons is filed with the court. This starts the court proceedings.
How long does a judicial collection process take?
A judicial collection process without a defence from the debtor takes 5 weeks.
In 80% of cases, the defaulter offers no defence.
A legal collection case with the debtor's defence can take several months.
This is because:
- The judge wants to hear the defence in person from the parties involved
- The parties reciprocate with written defences and fail to reach a resolution or settlement.
As a creditor, do I have to go to court?
A judicial collection process can be done entirely in writing. You as a creditor can therefore continue doing business as usual while collection agency Breyta does the work.
How long is a court order (judgment) valid?
A judgment is valid for 20 years, which is laid down by law in the Civil Code.
Customer experience with debt collection agency Breyta
Read more about debt collection cases
Invoice not paid? 6 tips to get paid
Do you have outstanding invoices that are not being paid? It is frustrating when a customer does not pay the invoice. The payment deadline has passed, you have delivered good work, but the payment remains outstanding. For businesses, and especially for self-employed people, it quickly becomes a...
Collection agency must be licensed from 2024
When will the new debt collection law come into effect? What does it entail and who will be affected?
Drafting summons? everything you need to know!
A subpoena may seem complicated and overwhelming, but don't worry, we are here to help! In this article, we dive into the world of subpoenas together, discover exactly what they entail, what costs are involved, and how to...