Using a debt collection agency or bailiff
Does a customer not pay or not pay in time, even after you have tried to get payment in various ways? You may need to use a debt collection agency or bailiff. If you are a creditor, you can also use a debt collecting attorney.
Hire a debt collection agency
If your customer does not pay, you can hire a debt collection agency. Debt collection agencies collect debts on behalf of a creditor. In doing so, debt collection agencies may not use any enforcement measures, like the seizure and sale of goods. They are only allowed to send 1 or more reminders with a request for payment within 14 days.
Check if the debt collection agency is registered
Debt collection agencies in the Netherlands must be registered with Justis to perform extrajudicial debt collection services (in Dutch). Do you want to know if a debt collection agency is registered? You can check this in the debt collection agency register (Register incassodienstverlening, in Dutch).
Hire a bailiff
If a debtor does not respond to the debt collection agency, you may hire a bailiff. A (court) bailiff has a legal status and is permitted to use enforcement measures. For this, they usually must have a court order. They will first try to get the debtor to pay you or to agree on a payment plan.
Court order
You may need to start a legal procedure if your debtor does not pay or does not respond to the bailiff. The bailiff will then summon the debtor to court. The summons will state where and when the debtor must report for the court hearing.
After the judge’s ruling (judgment), the bailiff will make sure that the debtor receives the judge's ruling.
Seizure
If the debtor does not respond to the judge's ruling, a bailiff may try to seize (part of) their income or goods. Seizure will only take place if nothing else works.
Check the court bailiff register
If you want to find out if a bailiff is legitimate or not, you can consult the public Bailiff Register of the Dutch Royal Professional Organisation of Judicial Officers (KBvG).
Attachments register
Court bailiffs must register every seizure of income (attachment of earnings, loonbeslag) or goods in the KBvG’s central Digital Register of Attachments for Bailiffs (Digitaal Beslagregister voor gerechtsdeurwaarders, DBR). Before serving a summons or seizing property from a debtor, a bailiff must verify whether the property has already been seized by others.