Payt supports you from the moment the invoice is sent until the final stage of an amicable collection process. Unfortunately, in some cases, payment remains outstanding. In this blog, we discuss engaging judicial partners for debt collection: a bailiff or lawyer.
Unfortunately, it sometimes happens that even an amicable collection process does not persuade your debtor to pay. To collect the debt, you can transfer the case to a bailiff or engage a lawyer. The collection process can be handled entirely with Payt’s software. The big advantage: during the process, Payt collects all communication with your debtor in a clear online file. You can download this file with one click and transfer it to the bailiff or lawyer.
Don’t have a bailiff yet? Payt collaborates with various bailiff and law firms in the Netherlands. This way, you are always assured of a bailiff in your area. Already have a judicial partner? No problem, you can easily offer the files to them.
After the amicable collection process: judicial collection procedure
If all possibilities are in vain, a judicial collection procedure is your last resort to get paid. You engage a bailiff for this, or a lawyer if the amount to be collected is higher than €25,000. A judicial collection procedure often costs you the relationship with the customer. At the same time, you have the right to your money after delivering products or services, making legal action unavoidable.
A bailiff is a public official, appointed by the Crown. He or she performs official duties: serving summonses, executing the court’s judgment, seizing property or wages, and evicting a property. A bailiff is always impartial.
Debt higher than €25,000: procedure via a lawyer
If the debt is higher than €25,000, the judicial collection procedure must be conducted through a lawyer. You can engage the lawyer for the claim. Additionally, there are other means through the lawyer to persuade the debtor to pay, including a bankruptcy petition or a prejudgment attachment.
Bankruptcy petition
If your debtor remains in default, a bankruptcy petition can provide a solution. The debtor must appear in court within 3 weeks. In practice, this ensures that the debtor comes up with a solution in the short term to avert bankruptcy. Note: at least 2 creditors are required for a bankruptcy petition.
Prejudgment attachment
A prejudgment attachment is a seizure before a court ruling. It serves to secure your right (the debt). By seizing, for example, real estate, bank accounts, or the debtor’s assets with third parties, you have more certainty that you can recover the claim. A prejudgment attachment must always be followed by a summons within 2 weeks. Then the court will judge your file and whether the attachment can be executed (enforcement attachment).
