Debt collection verdieping
JURISDICTION
Debt collection
Collection department
Many debtors nowadays either pay too late or not at all. Or they might settle the principal and leave the collection costs and interest unpaid. The resulting damage within the business community is incalculable and sometimes even leads to bankruptcies.
On attractive terms, the debt collection specialists at TEN Advocaten offer you a customised debt collection service, tailored to the amount of the claim. Our aim is to collect your claims up to the last cent, including all costs.
In accordance with your wishes, we will treat your debtor both with the appropriate courtesy and persistency so as not to unnecessarily damage the relationship. By using experienced staff, models and a tailor-made approach, we keep the costs for you as low as possible. What does the TEN collection process look like? We will gladly explain it to you.
Extrajudicial phase
You hand over your claim to us for collection. You can do this by emailing us your invoices, your terms and conditions and any reminders with a brief explanation via [email protected].
Of course, we will make arrangements with you beforehand, so that the mutual expectations are clear.
Judicial phase
Summons
If the debtor remains in default of payment of the entire claim, a summons will follow. Sometimes this can even be done by means of preliminary relief proceedings.
To draw up the summons, we use models in order to keep costs as low as possible. The hourly rate will be agreed with you in advance, or we will agree a fixed price with you.
If a summons is required, this will entail extra costs. Think of our fee for drawing up the writ of summons, court registry fees, and the bailiff’s costs. Here, too, our collection lawyer will make a tailor-made agreement with you.
Proceeds
The claim will be increased by the applicable extrajudicial costs. Of course, we will also charge the statutory interest, commercial interest or contractual interest, if applicable. If the claim is awarded, the debtor must also always bear the legal costs.
The costs of the judicial phase (e.g. third-party costs such as court fees + bailiff’s costs) and the enforcement of the judgment are of course recovered from the debtor. If the collection is unsuccessful or only partially successful, these costs will be borne by you. It goes without saying that we will always discuss with you in advance whether we will proceed to enforcement, and we will determine the opportunities and risks together with you.
In this way you will get what you are entitled to, and you will know in advance what the maximum risk is with regard to the collection costs!
Enforcement phase
Attachment via the bailiff
What happens if the debtor subsequently fails to pay voluntarily? Then we call in a bailiff. We call this the enforcement phase.
The bailiff can attach all of the debtor’s assets, such as movable or immovable property, a bank account, wages or other periodic payment or, for example, a provisional tax refund.
A judgment can be enforced for a period of 20 years. This provides you with a means of exerting pressure for a longer period of time to persuade the debtor to pay.
Bankruptcy petition
An alternative to attachment is the bankruptcy petition. This is a very effective means of exerting pressure when collecting a claim. Two requirements will then have to be met: your debtor must have stopped paying and there must be several unpaid debts.
This procedure is subject to higher court fees. Of course, the court fee does not have to be paid if the debtor has already paid before the court hearing. Filing a bankruptcy petition can also be done in advance, instead of a summons.
A bankruptcy petition does entail the risk, however, of a debtor actually going bankrupt. As an unsecured creditor, you may then receive less than you are entitled to. Our debt collection specialist will therefore always decide in close consultation with you whether or not to go down this road.
