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A good example of a notice of default always contains the same core elements: a description of the shortcoming, a request for performance, a concrete reasonable period, and the notification that default will occur if that period expires. This follows from Article 6:82 of the Dutch Civil Code. An example helps to see how these elements appear in an actual letter, but please note: you must always adapt a template to your situation, because an incorrect period or a missing notification of default renders the letter toothless.
The short answer
- Salutation and facts: name the agreement and what went wrong.
- Request for performance: describe exactly which performance you require.
- Reasonable timeframe: state a specific end date.
- Notice of absence: state that absence occurs in the event of failure to appear.
- Consequences: announce compensation, statutory interest, and possible dissolution.
- Verifiable sending: by email with confirmation or registered mail.
Notice of default example: structure of the letter
A useful example follows a fixed structure. At the top are the details of both parties and a reference to the agreement. This is followed by a factual description of the breach. Next is a request to comply within a specified period, coupled with the notice of default. The letter concludes with the consequences and verifiable proof of dispatch. This structure ensures that all legal elements are present.
The most important provisions explained
- Description of the deficiency. “You have not performed the delivery agreed upon for [date].” Concrete and verifiable.
- Request for performance. “I request that you carry out the full delivery.” Specify exactly what needs to be done.
- Reasonable timeframe. “You must comply by [date] at the latest.” A concrete date, not “urgently”.
- Notice of default. “In the event of failure to do so, you will be in default effective from that date.” This makes the letter a notice of default.
- Consequences. “I reserve the right to claim damages and statutory interest and to dissolve the agreement.”
Practical example
Brief SME example. A caterer was scheduled to provide catering for a corporate event on June 10, but delivers an incomplete order and fails to rectify the situation. The client writes: “On June 10, you did not fully deliver the agreed catering. I request that you deliver the remaining part no later than June 20. If delivery is not forthcoming, you will be in default as of June 21, and I reserve the right to claim additional costs and statutory interest, and to terminate the agreement.” This letter contains all the required elements and establishes the date of default.
When an example is not sufficient
A template is a starting point, not a guarantee. Adjust the time limit to the nature of the performance and check whether a notice of default is required at all. After all, in the case of default by operation of law (Art. 6:83 BW) — an expired fatal deadline, damages arising from a tort, or a notification that performance is not being rendered — default occurs automatically. A blindly adopted example may use the wrong legal basis and thus weaken your position.
Difference with reminder and formal notice
An example of a payment reminder or demand letter often lacks the time limit and the notice of default, and therefore does not constitute default. A formal notice is a more strongly worded example, usually from a lawyer, announcing legal action. Only if your letter contains the four core provisions—facts, request, time limit, and notice of default—does it function as a full-fledged notice of default.
Honest recommendation
For a simple, undisputed situation, you can perfectly well use a template yourself. Adjust the party details, the breach, and the time limit, and ensure that the notice of default is included. You won't need a lawyer in that case. Do seek help if there is a dispute, if it is unclear whether default was already ongoing, or if significant damages or dissolution are at stake — a template does not cover those nuances, and a mistake could cost you your claim.
More background: read what a notice of default is and how to draft one . Prefer to have it made? Arrange a notice of default .
Frequently Asked Questions
A description of the shortcoming, a request for performance, a specific reasonable period, and a notice that default will occur if failure to comply is made. Additionally, the consequences (compensation for damages, statutory interest, dissolution) and demonstrable dispatch.
Only as a starting point. Adapt the party details, the deficiency, and especially the time limit to your situation. Also check whether a notice of default is required or if default has already occurred by operation of law. A blindly adopted example may have the wrong legal basis.
The notice of default, coupled with a specific reasonable period. This transforms an ordinary reminder into a notice of default within the meaning of Article 6:82 of the Dutch Civil Code. If the notice is missing, no default occurs.
A concrete end date that is reasonable for the performance. An invoice is often 7 to 14 days, rectification of a defect 1 to 4 weeks, and a large assignment longer. Avoid vague wording such as “short notice”.
It is wise. State that in the event of non-performance, you may claim damages and statutory interest, and terminate the agreement. This way, the other party knows what is at stake, and you increase the pressure to fulfill the obligations.
A formal notice requests compliance but often lacks the time limit and the notification of default. Only a letter containing the facts, the request, a reasonable time limit, and a notification of default functions as a full-fledged notice of default and establishes default.
Demonstrable, for example by email with confirmation of receipt or by registered letter. This way, you can later prove that and when you put out the notice of default and what deadline you gave. That determines the date of default.
