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Notice of Default

Have you still not received the payment after the expiry of the agreed or legal term? First inform your debtor about this. In this way you give the debtor a reasonable period to still meet his payment obligation, without any extra costs. Is your debtor a company? Then you can do this by means of a written reminder. Is your counterparty a private individual? Then a WIK reminder must be drawn up. The reason for this is that the private debtor is more protected than a company and, unlike a company, he does not owe the collection costs immediately. What should be included in the reminder? And what is reasonable regarding the period? The collection specialists at Law & More will be happy to answer your questions and help you draw up the reminder.

A written reminder in which the debtor is given a reasonable period to meet his payment obligations is also known as a notice of default. Under certain circumstances, a notice of default does not have to be sent. This is the case, for example, if the debtor’s compliance with obligations is permanently impossible. The notice of default is also not required if a statement from the debtor shows that he will not comply with the agreement. However, even if it does not seem to be required, it is always a good idea to send such a notice of default to a company or a private individual. If it comes to a legal procedure, then the court will ask you for the WIK reminder and reject the claim for damages without the notice of default. If necessary, you as creditor will therefore have to prove that this notice of default has been sent and has also been received by your debtor.

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