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A payment reminder, demand letter, summons, and notice of default are not synonyms, although they are often used interchangeably. Roughly speaking, the structure ranges from a friendly reminder to an urgent demand letter, to a summons (a final demand letter with a firm claim and threat), to the notice of default — the legal step (Article 6:82 of the Dutch Civil Code) usually required to place someone in default before litigation can be initiated.
Before a case is taken to court, it is usually preceded by several letters with titles such as “payment reminder,” “demand letter,” “summary,” or “notice of default.” They all require you to honor an agreement, but they do not mean the same thing — although the differences are not always clear.
Payment reminder
A payment reminder kindly reminds the other party of the agreement to pay, without threats. After all, at this point, non-payment could still be a mistake, and there is no need to put the relationship under pressure.
Reminder
A demand letter is a more urgent reminder to honor an agreement (payment or delivery). It is stricter and more formal than a payment reminder, but often still polite. A collection agency usually sends a demand letter first. The content varies: additional costs may already be mentioned (such as interest and collection fees), it may be a final warning with a firm demand, or several may follow. Consequently, a conclusive definition is difficult.
Summons
A formal notice is a type of final demand, often less friendly and following multiple reminders. Whereas a formal notice is a request, a formal notice contains a firm demand, with a deadline and a threat: the letter states what will happen if payment is not made on time.
Notice of default
The law refers to a notice of default, usually required before proceedings. After all, there must first be a default, and that only arises if the opposing party fails to respond to a notice of default in a timely manner. Article 6:82 of the Dutch Civil Code refers to a “written demand,” in which the opposing party is given a reasonable period for performance — which is substantively close to a formal notice.
In practice, the title makes little difference: the name of the document does not determine whether it is a notice of default. A letter with “demand” at the top, or an ordinary letter or email, can also constitute a notice of default. Sometimes there is default even without a notice of default, for example, if a communication from the debtor indicates that he will fall short.
Frequently Asked Questions
What is the difference between a reminder and a demand letter?
A demand letter is an (urgent) reminder or request; a summons is a final demand with a firm requirement, a deadline, and a threat regarding the consequences.
Do I always need a notice of default?
Usually, yes, to put someone in default before proceedings. In certain cases, however, default arises by operation of law, for example in the case of a fixed deadline or if the debtor indicates that they will not comply.
Does the title determine whether a letter is a notice of default?
No. It is not the title, but the content that is decisive. A letter containing a “demand” or even an email can also qualify as a notice of default, provided it contains a demand with a reasonable time limit.
Help with reminders and debt collection
The legal experts at MKB Juristen draft a proper notice of default and manage your debt collection. View our expertise in contract law or schedule an intake meeting .
