The Dutch Debt Collection Process: From Aanmaning to Dagvaarding

In the Netherlands, debt collection follows a structured process governed by the Wetboek van Burgerlijke Rechtsvordering (Rv — Code of Civil Procedure) and Book 6 of the Burgerlijk Wetboek (BW — Civil Code). The process generally moves from informal reminders through formal notices to court proceedings, with specific statutory requirements at each stage.

Step 1: The Aanmaning (Reminder/Formal Notice)

An aanmaning is a written reminder to pay. While not strictly required by law (the debtor is in default — verzuim — once the payment deadline passes under Article 6:83 BW), sending at least one aanmaning is considered best practice and may be required to claim extrajudicial collection costs (buitengerechtelijke incassokosten).

Step 2: The WIK Letter (14-Day Notice)

Under the Wet Incassokosten (WIK) and Article 6:96(6) BW, before a professional creditor can charge extrajudicial collection costs to a consumer debtor, they must send a specific 14-day demand letter (14-dagenbrief). This letter must:

  • State the exact amount of the principal debt
  • State the amount of the collection costs that will be charged if payment is not received within 14 days
  • Give the debtor a full 14 days from receipt to pay without collection costs
  • Be sent after the payment deadline has passed (verzuim must already have occurred)

The maximum extrajudicial collection costs are regulated by the Besluit vergoeding voor buitengerechtelijke incassokosten and range from EUR 40 (for debts up to EUR 266.67) to EUR 6,775 (for debts of EUR 1,000,000 or more).

Step 3: Dagvaarding (Summons)

If the debtor does not pay after the formal demand, the creditor can initiate court proceedings by issuing a dagvaarding — a formal summons served by a gerechtsdeurwaarder (court bailiff). The dagvaarding must contain:

  • The names and addresses of both parties
  • A clear statement of the claim and its legal basis
  • The evidence relied upon
  • The date, time, and court where the hearing will take place

Simplified Procedure: The Verzoekschriftprocedure

For straightforward monetary claims, Dutch courts offer a simplified petition procedure (verzoekschriftprocedure) under Article 96 Rv. If both parties consent, the kantonrechter can resolve the dispute informally and quickly, with a decision (beschikking) that has the same enforceability as a judgment.