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Execution after the verdict
Can the bailiff start to seize property straight after the verdict of the court?
No, the bailiff is not allowed to start seizing property straight after the verdict. After the verdict of the court the debtor receives a final opportunity to pay the entire amount due to arrange a payment plan with the bailiff.
Is there always something to recover from the debtor?
The bailiff will start exercising their legal powers to collect the money upon receiving the verdict. This can include seizing income, a bank account, (moveable) property, social benefits or pension. It happens that the debtor has no money or that all collection opportunities are exhausted. This could lead to the collection to fail or take a very long time. Sometimes bailiffs are unable to collect anything, for instance due to bankruptcy or emigration.
When will you receive your money?
Once the bailiff has managed to collect the complete claim, the bailiff will settle this amount with Credifin Nederland. Within one week Credifin Nederland will transfer the amount over to the client.
What happens after the verdict?
The bailiff will need to issue another summons. The debtor will again be given the opportunity to satisfy the claim or arrange a payment plan with the bailiff. Once the debtor does not satisfy the payment, the bailiff will take further legal action. This could include the bailiff starting to seize property.
Who pays the process and execution fees?
These fees will first and foremost be for the account of the debtor. This may include the legal fees (issuing a summons and court fees), as well as execution fees (seizure, second summons). In addition the bailiff charges a general basic fee of € 35,- for administration. This fee cannot be charged to the debtor. In case, after the bailiffs best efforts, the claim cannot be collected from the debtor, all legal and execution fees will be for the account of the client.
How can I register as a new client?
Clients can register on the website of Credifin Nederland.
How will I kept up to date about the progress?
Each client will receive a Credifin Nederland username and password which offer access to the online system, where you can check the status of the case(s) 24 hours a day, 7 days a week.
I have a claim on someone abroad. Can I contact a collection agency for this?
In case you have a claim on someone abroad, Credifin Nederland can handle the case. This only applies to the Benelux countries.
I want to file a claim, but my debtor is (almost) bankrupt?
Research can be conducted beforehand to determine the opportunity for redress. This happens by a specialised agency. Based on this redress research the client may gain insight into the financial situation of the debtor.
Amicable collection process?
An amicable collection process is a preliminary stage which needs to be observed before any legal proceedings can be initiated. The collection agency and client first try to collect their money in this way.
From what point can one charge interest?
Interest can be charged from the moment the invoice due date expires, a notice of default is not required.
When is a case settled?
The cases are settled weekly, upon completion of payment to the third party account of Credifin Nederland.
What if the debtor still doesn't satisfy the payment?
In case the debtor fails to pay, Credifin Nederland will provide the client with an assessment if initiating legal proceedings will be worthwhile. The costs and benefits are taken into account. Costs to third parties, including the bailiff and court fees, are payable to Credifin Nederland in advance. Upon written agreement of the client Credifin Nederland will handle the case from the moment the summons is issued to the moment the verdict is executed. Once the client decides to initiate a legal proceeding the bailiff of Credifin Nederland issues the summons.
What does Credifin Nederland do?
Credifin Nederland is a company specialised in collecting claims from companies and private individuals by means of both amicable and legal processes.
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What's a notice of default?
A notice of default is a written notification from the client in which the debtor is given formal notice to complete an agreed performance. A fair term is provided in which this performance should be completed.
Legal debt collections
Does issuing a summons cost anything?
The client needs to pay the costs in advance. This advance payment is used to pay for the court fees and the first summons issue, allowing the legal proceeding to start. Any costs incurred after the verdict are not included in this advance payment.
The debtor has been summoned, but never appeared in court?
In that case the judge will generally approve of the claim in their absence.
Does the client need to appear in court during the first session?
No, it is up to the debtor to react to the content of the summons.
How long can the bailiff wait with issuing a summons?
That depends. The bailiff will request a court date at the court. After receiving a court date the bailiff will issue the summons to the debtor, allowing them to prepare a written statement or appear in court.
How long does a legal proceeding take?
The duration of a legal proceeding is hard to estimate. The process could take one month in absentia, while it could take 4 to 5 months in case of repeated defences.
Do you need a lawyer to represent you in the district court?
At a district court you are not required to be represented by a lawyer.
What happens once there is no collection during the amicable stage?
In case the debtor fails to satisfy the payment, Credifin Nederland assesses if it is worthwhile to initiate legal proceedings. After a written agreement from the client, Credifin Nederland will handle the case from the moment the summons is issued to the moment the verdict is executed.
What is a summons?
A summons is an official, written appeal to appear in court. A summons is issued by a bailiff.