Legal advice: non-payment and claims
Practical advice on payment arrears
Non-payment costs cash flow and time. Legal service providers typically structure this type of issue in three layers: fact (is the claim due and payable?), means (reminder, formal notice, collection) and enforcement (summons or application to court). We help you choose the right sequence and the written steps that fit your relationship with the debtor and your risk profile.
This page describes a general approach; your file may raise specific questions about limitation periods, set-off or a quality defence.
What we look at
- Contract and invoice — delivery terms, payment deadline, interest arrangements and liability.
- Evidence — order confirmation, proof of delivery of goods or services, correspondence and payment history.
- Collection rules — proportionality, prohibited means and disclosure obligations towards consumers or businesses.
- B2B versus private individuals — out-of-court recovery against businesses (B2B) is our focus; for private individuals, stricter statutory frameworks apply for collection outside the courts (see also our explanation on the homepage).
To open a commercial collection file, also see our B2B debt collection service.
Next step after the out-of-court process
If payment remains outstanding after a clear formal notice, litigation may be necessary to obtain a judgment and enforce it. We guide you through that assessment: sometimes summary proceedings or full merits proceedings are the better option; sometimes a payment arrangement serves your interests better.
Frequently asked questions
What can I do about an unpaid invoice from another business?
The usual starting point is a clear reminder followed by a formal notice of default with a payment deadline. Depending on the contract and industry, interest, collection costs and, where necessary, legal proceedings come into play. For out-of-court B2B recovery there is a dedicated process: B2B debt collection.
May any collection firm approach private individuals out of court?
No. For collection against private individuals outside court proceedings, strict rules apply; providers must in many cases be registered. Our firm is not registered in the collection services register and directs its out-of-court collection at companies and legal entities. Litigation (through the courts) is a separate process.
Contact
Call 030 – 87 88 524 or email info@adviesenincasso.nl. Overview of advice topics: Legal advice.