International debt collection in the Netherlands is a common issue for foreign suppliers who
have delivered goods or services to Dutch buyers but have not been paid. Non-payment by a
Dutch customer can have significant financial consequences, especially when you are not familiar with the Dutch
legal system. In this article, you will read how international debt collection in the Netherlands works, which legal
steps are available and when litigation is worthwhile.
When does international debt collection in the Netherlands apply?
International debt collection in the Netherlands applies when a foreign company has a claim
against a debtor established in the Netherlands. This may, for example, involve a supplier from Germany, Turkey,
Poland or the United Kingdom that has delivered goods to a Dutch customer.
Common situations include:
- delivery of goods to a Dutch buyer without payment;
- services performed for a Dutch company;
- structural payment arrears;
- dispute of invoices without clear legal grounds.
Can a foreign supplier litigate in the Netherlands?
Yes. In international debt collection in the Netherlands, the Dutch court is competent in many cases.
This depends, among other things, on:
- the place of establishment of the debtor;
- agreements in the contract regarding the competent court;
- the place where the obligation must be performed;
- applicable European regulations.
In practice, this means that foreign suppliers can often litigate directly in the Netherlands against
their Dutch debtor.
Which law applies to international debt collection?
In international debt collection in the Netherlands, the applicable law is of great importance. Often, the
contract specifies which law applies. If no choice of law has been made, Dutch law may still
apply, for example because the debtor is established in the Netherlands.
International debt collection in the Netherlands: the step-by-step plan
Step 1: Legal assessment of the claim
Successful international debt collection in the Netherlands begins with a legal assessment of the
claim. This involves examining the contract, proof of delivery, invoices and payment arrangements.
Step 2: Written demand
The Dutch debtor is sent a written demand and notice of default. In many cases, this still leads to
payment, especially when it becomes clear that legal steps will follow.
Step 3: Out-of-court debt collection
If payment remains outstanding, an out-of-court collection phase can be initiated. This is often an efficient way
to enforce payment without resorting to litigation immediately.
Step 4: Litigation before the Dutch court
When out-of-court collection does not yield results, litigation in the Netherlands may be pursued. Depending on
the interest and urgency, a choice can be made between proceedings on the merits or summary proceedings.
Step 5: Attachment and enforcement
After a favourable judgment, attachment can be placed on bank accounts or assets of the Dutch debtor. This makes
international debt collection in the Netherlands often still effective.
Limitation period in international debt collection
International claims can also become time-barred. In many cases, the limitation period is
five years. Timely action is therefore essential in international debt collection in the Netherlands.
General information about cross-border debt collection can be found at
Your Europe – Debt recovery.
Common mistakes in international debt collection
- waiting too long to take action;
- insufficient proof of delivery;
- failing to account for jurisdiction rules;
- litigating without prospect of recovery;
- not determining a legal strategy.
What can Arslan Advocaten do for you?
Arslan Advocaten assists foreign suppliers with international debt collection in the Netherlands.
We assess the feasibility of your claim, advise on the right strategy and conduct proceedings before the
Dutch court when necessary.
Read more about our services in the field of
debt collection and payment disputes, and
corporate law.
Costs and litigation funding in commercial disputes
In commercial disputes, we generally do not work on a no cure no pay basis. Commercial proceedings
require a careful and strategic approach, with clear agreements made in advance about costs
and litigation management.
In certain cases, however, it is possible to handle the case (effectively) on a no cure no pay basis.
We work together with an independent litigation funder who – after assessing the case –
may be willing to finance (part of) the legal costs.
If litigation funding is granted, the legal costs are borne by the litigation funder. For the client,
this means that litigation is possible without direct financial risk.
About the author
This article was written by Onur Arslan, attorney and founder of Arslan Advocaten. He specialises
in commercial disputes, including international debt collection, trade disputes and proceedings against
Dutch companies.
Would you like to discuss whether your case is suitable for legal action or litigation funding?