Debt collection lawyer for entrepreneurs
Unpaid invoices cost you time, money, and energy. Kesting Legal ensures that your debtors pay. Fast, effective, and hassle-free.
As a member of the Association of Debt Collection and Litigation Lawyers (VIA), I specialise in collecting business debts. With over 500 cases litigated, I know exactly which approach works for which type of debtor.
From a firm demand letter to placing prejudgment attachments or filing for bankruptcy. The entire collection process stays with me. You keep one dedicated contact, from the first letter to the final payment.
From Amsterdam, I help entrepreneurs throughout the Netherlands collect unpaid invoices.
The advantages of a debt collection lawyer
When collecting unpaid invoices, you benefit from someone who can oversee and execute the entire legal process. A debt collection lawyer offers you several important advantages:
One dedicated contact
You have one lawyer who handles your case from start to finish. No changing contact persons, but personal involvement.
Legal clout
A lawyer can take legal steps that a collection agency cannot: issue summons, place attachments and litigate in court.
Full authority
For claims exceeding €25,000 a lawyer is required by law. But even for lower amounts, a lawyer creates more pressure and faster results.
Prejudgment attachment
I can place attachments on bank accounts, real estate and other assets of your debtor. This prevents assets from being dissipated.
Strategic advice
Not every case requires the same approach. I assess the situation and advise on the most effective route.
Litigation experience
With more than 500 cases litigated, I know what works in court and how to present your position most effectively.
How does the debt collection process work?
As soon as you hand over your case, I take immediate action. Want to start a collection procedure? The process follows clear steps:
Assessment
I assess your claim, the debtor's position and the feasibility of the collection process. You receive immediate clarity about your chances.
Demand letter
Your debtor receives a professional legal demand letter with a clear payment deadline. In many cases, this alone leads to payment.
Negotiation
Does the debtor respond? Then I negotiate payment or a payment plan. The goal is always: getting your money as quickly as possible.
Legal follow-up steps
If payment is not forthcoming, legal measures follow: prejudgment attachment, summons, summary proceedings or a bankruptcy filing.
Judgment and enforcement
After a court judgment, we handle the enforcement: attachment of bank accounts, wage garnishment or sale of assets.
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Is your invoice not being paid?
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020-3086621What does a debt collection lawyer cost?
Out-of-court collection costs
The costs of out-of-court debt collection are in most cases largely recovered from your debtor. The Collection Costs Act (WIK) stipulates that your debtor must pay a percentage of the claim in collection costs. The scale works as follows:
| Principal | Percentage | Details |
|---|---|---|
| Up to € 2,500 | 15% | minimum € 40 |
| Up to € 5,000 | 10% of (principal - € 2,500) + € 375 | |
| Up to € 10,000 | 5% of (principal - € 5,000) + € 675 | |
| Up to € 200,000 | 1% of (principal - € 10,000) + € 875 | |
| Above € 200,000 | 0.5% of (principal - € 200,000) + € 2,775 | maximum € 6,775 |
For business debtors, collection costs are immediately due after the payment term has expired. For consumers, an additional requirement applies: you must first send a reminder with a payment term of at least 14 days.
Statutory interest
In addition to collection costs, your debtor owes statutory interest for the period the invoice remained unpaid. For business transactions, the statutory commercial interest rate applies, which is considerably higher than the ordinary statutory interest rate. The commercial interest rate is set semi-annually by De Nederlandsche Bank.
Judicial collection costs
In judicial collection proceedings, the following costs are added:
Court fees
These are the fees charged by the court. The amount depends on the claimed sum and whether it concerns a sub-district or civil case. At the sub-district court (claims up to €25,000), court fees are lower than at the civil court (claims above €25,000). View current court fee rates
Lawyer costs
My fee. You receive a clear estimate in advance.
Bailiff costs
For serving the summons and possible enforcement of the judgment. These costs are set in the Decree on tariffs for bailiff acts (BTAG) and are therefore determined by the government.
Cost recovery upon winning or losing
If you win the case, the opposing party is usually ordered to pay part of these costs. The court uses the so-called liquidation rate for this, a fixed amount per procedural step. Court fees are fully reimbursed by the opposing party upon winning. If you lose the case, the reverse applies: you must then pay the opposing party based on the same liquidation rate, plus the court fees they paid. I always discuss all costs with you in advance, so you know what to expect.
Frequently asked questions about debt collection and unpaid invoices
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Is your invoice still not paid?
The longer you wait, the smaller the chance of getting your money back. Every day of delay reduces your recovery options. Get in touch today for a free assessment of your case.