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Legal proceedings

Do you want to start legal proceedings and are you curious about what that entails?

For example, do you not know what the costs are and how we can guide you? We are happy to explain it to you so that you can take the next step if a debt collection path does not produce the desired result.

Launching legal proceedings

Before you start legal proceedings, it is wise to estimate whether you have a strong case. Of course we can help you with that. We can then do a Credit Check with your customer to find out whether the financial position is good enough to pay your invoice.

Tip: is there no payment for your invoice? After payment reminders and a reminder, it is best to start a debt collection process. You can sign up online and upload your invoice, so you can get started in minutes. You can start the legal procedure if the debt collection does not work.

What does legal proceedings cost?

You are conducting a lawsuit, so there are costs involved. For example, you can think of costs for:

  • Court fee
  • Agent’s salary
  • Preparing and issuing the subpoena
  • The verdict
  • The bailiff during the execution process

We understand that you would like to know in advance where you stand. In some cases, we can indicate exactly what the costs will be based on an all-in rate. In other cases, we estimate these for you as well as possible, by indicating what you should take into account.

Tip: is it a claim that has never been defended? If the debtor has not indicated that the claim is unjustified, you can use our reduced all-in rate. You then pay a fixed price, so you will not be faced with surprises.

Guidance during legal proceedings

Of course we can assist you personally during legal proceedings. Our lawyers have years of experience with judicial collection and filing for bankruptcy, so that we can support you exactly where you need it.

You can also continue to use our online web portal. This means that you have insight into your file 24 hours a day, 7 days a week. There you will find the latest state of affairs and progress, to indicate exactly how far we are and what the next step is.

During the procedure you can count on the following guidance:

Assessment and advice on whether the process is worthwhile
Support involved from drawing up the summons to assigning the judgment
Monitoring the execution process after the judgment

During judicial collection, we are of course available for questions and we can help you with challenges that you face. That way you know for sure that you are not alone. Together we maximize the chance of collecting your invoice, something that we can ultimately enforce in court.

Knowing more?

Frequently asked questions

View all FAQ's

Does issuing a subpoena involve costs?

You pay an advance in advance for the work that entails a summons. This advance is used to pay the court fee and the first service, so that the legal proceedings can start. Any costs after obtaining the judgment are not included in the advance and will be recovered from the debtor as far as possible in the event of a positive judgment.

How long can legal proceedings take?

The course of a procedure is difficult to estimate. The procedure can be done in absentia? sometimes take one month, but with repeated defense this can take 4 to 5 months. The duration of an enforcement process largely depends on the cooperation and financial position of your debtor. If it does have substantial assets, the process can go many times faster.

Do you have to be represented by a lawyer at the subdistrict court?

Representation by a lawyer is not mandatory in a subdistrict court. Everything under € 25,000 can be done without a lawyer and is much cheaper through a collection agency and/or bailiff. We also have in-house lawyers who can advise you on whether or not to proceed with legal proceedings without hiring a lawyer.

What happens after the verdict?

The bailiff will have to serve the summons again. After the court’s decision, your debtor will be given the last opportunity to pay the entire amount or to make a payment arrangement with the bailiff. If your debtor does not voluntarily make payment, the bailiff will take further legal action. This may mean that the bailiff proceeds to seize the property.

Can the bailiff immediately seize after the judge's decision?

No, the judicial officer cannot immediately seize the property after the judge’s decision. A big misconception is that the order opens as soon as the judge has ruled. The moment a judgment has been handed down, it is only certain that you are right from a legal point of view and that your debtor owes a certain amount. You are then so to speak “halfway”: The verdict has been received, the money still has to be collected.

A bailiff is the only one appointed in the Netherlands to implement court decisions. Just like the need to engage a notary to draw up a will, you need to engage a bailiff for the attachment. A bailiff is not only bound by codes of conduct, but also by laws and regulations.

Who pays for the trial and execution costs?

Both the extrajudicial and any judicial collection activities and the other activities are for the own account and risk in advance, such as:

  • Writing a summons
  • Service of bailiff
  • Registration fees
  • Hours are made for handling the case
  • Story information reports

These costs will be recovered from the debtor as far as possible, after receipt of a positive judgment. We will give you sound legal advice in advance, based on which you can decide whether it makes sense (financially) to proceed with legal proceedings or not.

Why Credifin?

  • No subscription or file costs
  • 100% No cure No pay
  • Letter sent to the debtor the next working day
  • Easy upload of your invoices
  • Follow the collection process 24/7 via your online file
  • Unique: Free collection with Registered Email ™

What customers say:

9.4 / 10

248 Reviews

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