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Procedure

If your claim can be collected, Law & More’s collection specialists can first initiate an amicable (extrajudicial) procedure. In this phase we try to persuade the debtor to make payments, possibly increased by statutory interest and extrajudicial collection costs, by means of letters and/or telephone calls. Often an agreement is reached between the parties through negotiations and a payment arrangement is made. Do you have a good relationship with your counterparty, and would you also like to keep this good relationship? Then the amicable (extrajudicial) phase is advisable. To save you a lot of time, energy and legal costs, our collection lawyers are happy to assist you in this procedure.

Going through the amicable (extrajudicial) procedure is not compulsory and the legal procedure can be started immediately. Then a subpoena will be drawn up by our collection lawyers and sent to your debtor. If the amicable (extrajudicial) phase has been completed, but nevertheless has not resulted in payment by the debtor, you can also opt for the legal procedure as a next step. With the subpoena, the debtor will be summoned to appear in court on a specific date. If the debtor has received the subpoena, he will then be given the opportunity to respond to the subpoena in writing.

If the debtor does not respond and does not appear at the hearing, the judge will issue a default judgment in which he will assign your claim. This means that your debtor must pay the invoice, the statutory interest, the collection costs and the procedure costs. After a convicting judgment is pronounced by the judge, the bailiff will serve this judgment to the debtor.

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