Statutory interest and extrajudicial collection costs (B2B)
Why mention interest and costs?
When a business debtor pays late, you want to recover not just the principal sum, but also compensation for the passage of time and administrative burden. In the Netherlands, creditors commonly rely on statutory interest (the statutory consumer rate in consumer transactions; in commercial transactions typically the statutory commercial interest rate under the Dutch Civil Code) and on extrajudicial collection costs — provided there is a legal basis for doing so. For both, the position differs significantly between B2B and B2C.
General information only, not financial or legal advice; verify rates and applicability against your own contract and circumstances.
Between two businesses (B2B)
Parties can often agree on stricter or more flexible terms in their general terms and conditions, provided these are not unreasonable. Many businesses state in their demand letters that from a certain point commercial interest and reasonable collection costs will be claimed, sometimes using a sliding scale. The precise amount and starting point depend on statute, contract and case law in your sector.
In practice: state clearly in your demand letter that you are claiming (or will claim) interest and costs, so the debtor cannot argue they came as a surprise.
Consumer (B2C) — in brief
For private debtors, extrajudicial collection costs are heavily regulated under the Act on Standardisation of Extrajudicial Collection Costs (WIK): a cost-free initial notice is required first, after which fixed fee scales apply. This falls outside the scope of our B2B out-of-court collection services; if in doubt, consult neutral sources such as Juridisch Loket.
Next steps
Work out your claim using the step-by-step plan and then consider handing the matter over so that a third party takes over the out-of-court pressure and administration.
Frequently asked questions
Do I charge the same collection costs to a private individual as to a business?
No. For private individuals, the WIK fee scales and the cost-free initial notice requirement are binding. Between businesses the starting points are different; refer to your contract and apply a reasonableness standard.
When does interest start accruing on an outstanding invoice?
This depends on the agreements made (invoice, terms and conditions) and the applicable statutory provision. The due date is often the point from which interest begins to run; for an exact calculation, case-specific advice is required.