A letter from a collection agency or bailiff can be quite a shock. You may be ordered to pay within a few days, threatened with additional costs or even with seizure. Sometimes you will even receive an official summons to appear in court.
Important to know: not every claim is justified and you do not have to pay just everything. In this article you can read everything about your rights and obligations regarding debt collection and bailiffs, including practical tips, examples and a checklist.
What is direct debit?
Debt collection means collecting an outstanding debt. This may include:
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an unpaid bill,
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a loan,
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rent arrears,
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compensation.
Debt collection can be carried out by:
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The creditor itself (for example a company or landlord).
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A collection agency (which sends letters on behalf of the creditor).
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A bailiff (has legal powers such as seizure).
👉 Please note: a collection agency has no official means of coercion. Only a bailiff can seize or issue a summons.
How do you check if someone is really a bailiff?
Are you unsure whether the letter or email you receive really comes from a bailiff? Fortunately, there is an easy way to check this. Each bailiff is listed in the national register, which can be found at www.registerrechtsdeurwaarders.nl. If the sender cannot be found there, then something is wrong and caution is advised. Please also note the bank account number into which you should pay. An official bailiff always uses a Dutch account number in the name of the office - foreign numbers or account numbers on a private person are an important warning sign. Summary:- Check that the name of the bailiff is in the official register.
- Only pay to a Dutch account number that belongs to the bailiff's office.
- Are you unsure? Call the office listed at the number on their own website, not the phone number in the letter.
Receiving a collection letter: what now?
Are you receiving a letter from a collection agency or bailiff?
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Check whether the claim is correct
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Did you ever receive the bill?
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Isn't the debt already paid?
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Is the claim not time-barred?
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Check the collection costs
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Legal maximums apply to consumers.
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Costs above this amount are often invalid.
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Respond on time
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Do not ignore the letter, this will lead to higher costs or even a summons.
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How do you recognize an official letter or email from a bailiff?
Are you unsure whether the letter or email really comes from a bailiff? There are a few things to look out for:- Identification obligation: Every bailiff has an official identification card issued by the Minister of Justice. If in doubt, you can always ask to show this.
- Check the sender: Check the name of the bailiff via the national register at www.registerrechtsdeurwaarders.nl. Is the name not listed? Then be extra alert.
- Bank account number: An official bailiff always uses a Dutch bank account number in the name of their own office. Do you see a foreign account number? Please contact the relevant bailiff's office for confirmation.
- Doubts remain? Call the bailiff's office and ask for verification, or contact the Royal Professional Organization of Bailiffs (KBvG).
How quickly will the bailiff arrive at your doorstep?
Many people wonder: how quickly can the bailiff actually come to you if you have an outstanding debt? The answer varies per situation.- First a reminder: You will usually first receive one or more reminders, often with collection costs. You will be given a period (often 14 days) to pay.
- No response: If you do not pay or respond, the creditor can immediately call in a collection agency or bailiff. With some bills, such as rent arrears, action is often taken more quickly.
- Urgent with certain debts: For example, in the case of rent arrears, the bailiff can sometimes show up at your door after a few weeks with an official summons. With other debts it often takes a little longer.
Why contact the bailiff yourself first?
Do you have a problem with the way the bailiff works, or are you unsure about how you have been treated? It is often worthwhile to first contact the bailiff's office directly. Most bailiffs have their own complaints procedure and are obliged to treat you fairly. By immediately discussing your complaint with the bailiff:- let us know that you disagree with something,
- you sometimes quickly receive additional explanation or clarity,
- and often the problem is resolved immediately, without further escalation.
What if your complaint is justified?
Is your complaint about a bailiff upheld? Then the consequences depend on who handles your complaint.- At the complaints committee or complaints institute: Here you will usually receive an opinion and possibly advice, but this is not binding. The bailiff must respond seriously to this, but is not obliged to take a punitive measure.
Summons from the bailiff
A summons is an official summons to appear in court.
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You will receive this personally from a bailiff.
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This states the amount being claimed and the date of the hearing.
👉 If you do not appear, a default judgment will follow: the judge will automatically grant the claim.
How to recognize a real bailiff
Are you unsure whether the summons or other documents are genuine? Always ask for identification. Every bailiff must be able to identify himself with a special ID issued by the Minister of Justice. If you receive a letter or email and are unsure whether it comes from an official bailiff, check the name in the public register of bailiffs. If the name is not there, something is wrong. Also pay attention to the bank account number: an official bailiff only works with Dutch account numbers that are in the name of the bailiff's office. If you see a foreign account number, be extra alert.What if the bailiff is at the door?
- Are you sure it's a real bailiff? Take the documents he hands to you.
- You may always ask for an explanation about the subpoena or other documents.
- Is the bailiff coming to seize your belongings? This can be intense, but don't resist or hide—it will make the situation worse. Ultimately, the bailiff may return with a locksmith or even the police.
Default judgment and opposition
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Default judgment: ruling by the judge because you did not appear.
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Resistance: you can still put up a defense. Term:
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4 weeks after service of the judgment, or
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8 weeks after the verdict (if the verdict has not yet been served).
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Prescription of debts
Not every debt can be collected forever.
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5 years: many consumer claims (e.g. telephone, energy, rent).
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20 years: judgments (after a court ruling).
👉 If a claim has expired, you no longer have to pay.
Wage garnishment and garnishment-free amount
A bailiff can seize your wages or benefits.
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Your employer or benefits agency must then pay part of it to the bailiff.
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You always have a seizure-free amount: the minimum amount to live on.
- your bank accounts,
- furniture,
- television,
- car,
- other power.
Bank repossession
Bailiffs can also seize your bank account.
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The balance is (partly) blocked and transferred to the creditor.
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This can lead to problems with direct debits and fixed charges.
👉 Quick legal assistance can sometimes reduce or cancel seizures.
Your rights with a bailiff
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A bailiff is not allowed to simply enter your home. Only with permission from the judge (bailiff's writ with authorization).
- Are you unsure whether someone is really a bailiff? Always ask for identification. Every (court) bailiff must be able to show an official ID issued by the Ministry of Justice.
- Are you receiving a letter or email and are you unsure about the sender? Check the office in the official register of bailiffs. If the name is missing, be alert and contact the office.
- Pay attention to requests to pay to a foreign bank account number. Official bailiffs only use Dutch accounts in the name of their office.
- Are you sure you are dealing with a real bailiff? You can always ask for an explanation about the documents you receive.
- Will a bailiff come and confiscate items? Do not resist or hide. This prevents unnecessary problems, such as the arrival of a locksmith or police. If you have any problems, contact the bailiff as soon as possible, ask for a payment arrangement, or seek debt assistance.
- You do not have to pay more than the principal amount + interest + permitted collection costs.
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You can always ask for a payment arrangement.
Do you doubt the identity of a bailiff?
Are you not sure whether you are dealing with a real bailiff? Always check the identity first.- Ask for a valid ID. An official bailiff always has an identification card issued by the Minister of Justice.
- Do you receive a letter or email and are you unsure whether it really comes from a bailiff's office? Then check the name on the online register of bailiffs via www.registerrechtsdeurwaarders.nl.
Not sure where to complain? This is how you choose the right agency
Are you unable to decide whether to go to theNational Ombudsman or to the disciplinary tribunal (Chamber for Bailiffs) should take action with your complaint? That is very understandable, because the difference depends on the type of complaint you have.- Official acts and treatment: Is it official actions of the bailiff, such as seizing wages, bank account or benefits, or do you feel you have been treated incorrectly? In that case you have usually come to the right place.
- Other collection complaints: If your complaint relates to general collection activities that are separate from these official acts, then you are dependent on the disciplinary judge.
- First determine whether it concerns an official act or collection activity.
- Submit your complaint to either the National Ombudsman or the disciplinary tribunal, not both.
- If you have any doubts, please ask for advice.
Complaint about the bailiff? This is what you can do
Not satisfied with how the bailiff treated you? You are not powerless. Follow these steps to address your complaint. Contact the bailiff first A phone call or email to the bailiff's office is often the fastest route to a solution. Ask if they have a complaints procedure (this is usually on their website). Describe clearly what you are dissatisfied with and what you expect. Not satisfied? Engage an independent agency Are you unable to reach an agreement? Then there are two ways:- Is your complaint about official actions (such as garnishment of wages or bank account, or the determination of the attachment-free threshold), or about the way in which you have been treated? Then you can contact a complaints committee such as theNational Ombudsman.
- Is your complaint more about the collection process itself or its implementation? Then the disciplinary judge, the Chamber for Bailiffs, is the right place. Take court costs into account; if you win, you often get it back.
- You have to choose: a complaint can only be filed with one agency at a time.
- The disciplinary judge can take measures, such as a warning for the bailiff. An ombudsman mediates, but does not impose sanctions.
- Not sure which path is best for you? Feel free to call the information number of the relevant agency for advice.
Submit a complaint: bailiff, disciplinary judge or ombudsman?
Not satisfied with the performance of a bailiff? Then there are different routes to file a complaint. But what is actually the difference between the bailiff himself, the disciplinary judge and theNational Ombudsman? 1. First to the bailiff himself Always start with a complaint at the bailiff's office itself. Every bailiff is required to have a complaints procedure—often you can easily find this on the office's website. Discuss your complaint and see if you can find a solution together. In many cases this solves the problem quickly. 2. Complaint about official actions or treatment: National Ombudsman If you believe that the bailiff has not behaved properly, or has caused problems with, for example, garnishing wages or determining the attachment-free amount, you can contact the National Ombudsman. This applies to complaints about the so-called official actions of the bailiff, and about the treatment (the way in which you have been treated). The ombudsman will investigate your complaint free of charge and make a decision, but this is not binding. 3. Complaint about collection work or violation of rules: disciplinary judge Is it mainly about the way in which the bailiff practices his profession, for example in the case of collections or violations of professional rules? Then you can go to the disciplinary judge, also known as the Chamber for Bailiffs. You pay a court fee at the disciplinary judge, but if the decision is in your favour, you will receive this amount back from the bailiff. The disciplinary judge can also impose a penalty or measure on the bailiff - the ombudsman cannot do this. Note: After submitting the complaint to the bailiff, you must choose: either the ombudsman or the disciplinary judge. It is not possible to submit the same dispute to both authorities at the same time. Are you in doubt? Ombudsman staff can help you choose the right route.Complaints: Where can you go?
Do you have a complaint about the bailiff? Then it is important to know who to contact: the disciplinary judge or theNational Ombudsman. The distinction is simple:- For complaints about official actions of the bailiff (such as seizing your wages or account, or determining the seizure-free amount) you can contact the National ombudsman.
- Does your complaint relate to the way you have been treated or have you been treated unfairly? You can also contact theombudsman.
- Is your complaint about collection activities that do not fall within the legal duties of the bailiff? Then the disciplinary judge is your point of contact.
Practical examples
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Example 1 (telecom bill): A consumer received a collection letter for €800 for an old telephone bill. It was successfully demonstrated that the claim was time-barred: nothing had to be paid.
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Example 2 (rent arrears): A tenant received a summons. The judge partially granted the claim, but reduced the collection costs from €300 to €70.
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Example 3 (wage garnishment): An employee had his or her wages garnished, which left him with too little. We had the attachment-free amount recalculated, leaving him with €250 more per month.
Checklist for collection and bailiff
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📄 Always check whether the claim is correct.
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📑 Ask for a specification of collection costs.
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⏳ Please note limitation periods.
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⚖️ Take action against a summons: appear or defend yourself.
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💶 Ask for a payment arrangement if you cannot pay everything at once.
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📝 Seek legal assistance if you are unsure whether the claim is justified.
Common mistakes
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Ignore collection letters → costs add up quickly.
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Thinking that a debt collection agency is allowed to seize (only a bailiff is allowed to do this).
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To respond late to a summons → default judgment.
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Unjustified payment because people are afraid of “extra costs”.
Frequently asked questions (FAQ)
1. Do I always have to pay when I receive a collection letter?
No, only if the claim is justified. If in doubt, you can defend yourself.
2. Can a bailiff simply impose a seizure?
Yes, but only with a judgment from the judge.
3. What is the garnishment-free amount?
The minimum amount that you can always keep in the event of a wage garnishment.
4. How many collection costs may be charged?
Maximum the statutory graduated scale. Double costs (such as administration and collection) are not permitted.
5. Can I make a payment arrangement?
Yes, you can always try that with the creditor or bailiff.
What are the costs and consequences of a complaint to the disciplinary court?
Are you submitting a complaint to the disciplinary court about the actions of a bailiff? Please note that you will have to pay court fees to have your complaint processed. If you are right, you will receive this amount back from the bailiff. As for the consequences: unlike some complaints bodies, the disciplinary judge can actually impose a penalty or measure on the bailiff. Consider a warning or even a (temporary) suspension. In this way, the disciplinary judge ensures that bailiffs adhere to their professional rules.Why Arslan Lawyers?
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Specialized in collection and defense against bailiffs
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Experienced in negotiating and litigating in debt collection cases
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Protect clients against unjustifiably high costs and seizure
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Practical and quick assistance with summons and default judgments
Conclusion
A collection letter or summons from a bailiff is not a reason for panic, but it is a signal to take immediate action. Always check whether the claim is justified, whether the costs are correct and whether there is no limitation period. With legal help you can avoid paying unnecessarily or getting into financial problems.