A letter from a collection agency or bailiff can be quite alarming. You are often ordered to pay within a few days, with threats of additional costs or even legal proceedings. Sometimes you even receive an official summons to appear before the court.
Important to know: not every collection letter is justified and you do not have to pay everything without question. In this article, we explain what collection letters and summonses mean, what your rights are, and how you can defend yourself.
What Is a Collection Letter?
A collection letter is a letter from a creditor, collection agency, or bailiff asking you to pay an outstanding invoice.
Often, collection costs are added on top.
A deadline is given to pay (e.g. 7 or 14 days).
Sometimes there are threats of legal proceedings or attachment of assets.
However: not every collection agency has the same powers. Only a bailiff can actually seize assets and issue official summonses.
What Is a Collection Summons?
A collection summons is an official notice to appear before the court because, according to the creditor, you have not paid.
The bailiff delivers the summons to you in person.
It states what is being claimed (e.g. an amount plus interest and costs).
It specifies the date and time you must appear at the court.
If you do not appear, the court may issue a default judgment and you will automatically be ordered to pay.
What to Do When You Receive a Collection Letter?
Check whether the claim is correct
Did you receive the invoice?
Is the invoice justified?
Are the amounts correctly calculated?
Pay attention to collection costs
Private individuals may only be charged statutory collection costs.
These depend on the amount of the claim.
Respond on time
Do not ignore the letter, even if the claim is incorrect.
Write back that you dispute the claim if you disagree.
What to Do When You Receive a Summons?
Read the summons carefully
Check who the claimant is, what amount is being claimed, and on what date the hearing is.Take action
Respond on time with a statement of defence or appear at the hearing.
Without a defence, the claimant will almost always win.
Seek legal assistance
A lawyer can assess whether the claim is justified and mount a defence.
Practical Examples
Example 1 (telecom bill): A consumer received a collection letter for an old phone bill. With our help, the claim turned out to be time-barred and he did not have to pay anything.
Example 2 (energy provider): A tenant received a summons from an energy provider. The court reduced the claim because excessive collection costs had been charged.
Example 3 (unjustified product): A customer received an invoice for a product that was never delivered. Through a defence, the entire claim was dismissed.
Checklist for Collection Letters and Summonses
Always read the letter or summons carefully.
Check whether the claim is correct and not time-barred.
Respond on time — ignoring it leads to higher costs or a default judgment.
Seek legal assistance if in doubt.
Only pay if the claim is justified.
Common Mistakes
Ignoring collection letters, causing costs to increase.
Thinking a collection agency has as much power as a bailiff.
Responding too late to a summons.
Paying unjustified claims out of fear of "extra costs".
Frequently Asked Questions (FAQ)
1. Must I always pay when I receive a collection letter?
No, only if the claim is justified. If in doubt, you can mount a defence.
2. Can a collection agency simply seize my assets?
No, only a bailiff may seize assets and issue official summonses.
3. What happens if I ignore a summons?
The claimant will almost certainly obtain a default judgment and you will have to pay, including additional costs.
4. How much collection costs may be charged?
Only statutory collection costs are permitted. These depend on the amount of the debt.
5. Can a lawyer help with a collection summons?
Yes, a lawyer can mount a defence and sometimes have (part of) the claim dismissed.
Why Arslan Advocaten?
Specialised in collection cases and defence against unjustified claims
Preventing clients from paying unnecessarily or incurring high costs
Experienced in negotiating with bailiffs and collection agencies
Strong defence in collection summons cases
Conclusion
A collection letter or summons is no reason to panic, but it is a signal to take immediate action. Only pay if the claim is justified and seek legal advice if in doubt. This way, you prevent paying unnecessarily or being confronted with high costs.