Custom legal document

Drafting a notice of default

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SME Lawyers

Do not write this document yourself — DIY often results in expensive problems.
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How does it work?
Our services include a free consultation, a draft document, a revision round, and a final document. We invoice after sending the draft document.

Experience with legal services for entrepreneurs since 2001
Lawyers and legal professionals.Direct contact with a specialist who thinks practically.
Fixed rates.Where possible, clarity regarding costs in advance.
Within 4 hoursWe respond quickly to your request.
  • We worked for, among others:
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner

We worked for, among others:

An incorrect document often provides a false sense of security.
You think everything is taken care of, but only discover whether the document actually works during a conflict or claim.

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Free intake

We discuss your company, the purpose of the document, and the key risks.

2

Draft or check

We draft a custom document or review your existing document legally.

3

Final version

You will receive a final version with instructions on correct usage.

Mr. Jaime Boogaers
Mr. Jaime Boogaers
Corporate Law
Attorney, 16 years of experience

A legal document must not only be legally correct. Above all, it must align with how the entrepreneur will actually use the document

  • Lawyers and in-house counsel
  • Active since 2001
  • Affordable custom legal services
  • Always focused on practical use

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About us

Our expertise

Our lawyers and in-house counsel specialize in drafting, reviewing, and amending legal documents and contracts. We look not only at the legal text but also at how you use the document in practice.

Custom solutions for your industry

Every business operates differently. That is why we take your industry, customers, working methods, and specific risks into account.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Fixed rates in advance
  • Tailored legal solutions for entrepreneurs
  • Thousands of agreements per year
  • Customization
  • About us
from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

  • Our legal expert spends 0.5 to 1.5 hours on the check
  • Telephone intake with a lawyer
  • Checks on content, risks, and practical usability
  • Attention to liability, payment, and termination
  • Concrete points for improvement and legal advice
  • Delivered within 3 working days, express delivery possible
from 99.- per document

Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

  • Our legal expert spends 0.5 to 1.5 hours checking and making adjustments
  • Telephone intake with a lawyer
  • Verification of the existing document
  • Adaptation to your business and working methods
  • Suitable for new services, customers, or risks
  • Delivered within 5 working days, express delivery possible

About us

Our expertise

Our lawyers and in-house counsel specialize in drafting, reviewing, and amending legal documents and contracts. We look not only at the legal text but also at how you use the document in practice.

Custom solutions for your industry

Every business operates differently. That is why we take your industry, customers, working methods, and specific risks into account.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Fixed rates in advance
  • Tailored legal solutions for entrepreneurs
  • Thousands of agreements per year

Reviews (21)

Wessel

It was immediately a constructive and goal-oriented conversation. The interim evaluation ensured that we remained exactly on the same page. It is clear that they have a passion for entrepreneurship.

Dounia

The process ran smoothly and was well-organized. The lawyer needed only half a word to create the right context. The document was flawlessly accepted by our investors.

Cas

The start of the process immediately made a professional impression. Every adjustment we wanted was incorporated seamlessly and legally correctly. The service was professional and personal.

Charlotte

The process started immediately after our agreement, without delays. Legal jargon was avoided where possible or explained in plain language. Everything was delivered neatly and on time.

Nathalie

There was immediate room for our own input and ideas. The explanation made the document understandable. Our business partners were impressed by the professionalism of the contracts.

Wilco

The friendly approach immediately put us at ease. We received not only a document, but also a corresponding manual for its use. The document was flawlessly accepted by our investors.

Maaike

The professionalism shines through from the very first moment. Clauses were added that protect us against risks we did not foresee ourselves. A reliable partner that strives for perfection in their documents.

Naima

We had immediate confidence in the team's expertise. They provided a watertight confidentiality clause that perfectly suited our innovations. Our business partners were impressed by the professionalism of the contracts.

Fleur

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Renate

We needed tailored legal solutions quickly and received excellent assistance. The discussion regarding specific non-compete clauses was handled very professionally. Our business partners were impressed by the professionalism of the contracts.

Daan

We received excellent assistance with our legal questions. The lawyer effectively translated our situation into the document. Our customers are responding positively to the clear general terms and conditions.

Samir

No waiting times or endless menus; we got someone on the line immediately. They thought along with us not only from a legal perspective but also from a practical one. The quality fully met our expectations.

Malika

I was spoken to very kindly on the phone. The translation of our core values ​​into the code of conduct was incredibly well done. A reliable partner that strives for perfection in their documents.

Max

We quickly received a clear and competitive quote. The review gave us more certainty before we started using the document. Everything was delivered neatly and on time.

Sabine

I was spoken to very kindly on the phone. Our industry was taken into account. Our customers respond positively to the clear general terms and conditions.

Victor

The first impression was simply excellent. Even outside regular hours, we received a quick response to an urgent question. A reliable partner that strives for perfection in their documents.

Meryem

The direct translation of our problem into a legal solution was impressive. The adjustments were logical and carefully incorporated. These documents will undoubtedly save us a lot of headaches in the future.

Tessa

A lot of time was saved thanks to the efficient intake. The translation of our core values ​​into the code of conduct was incredibly successful. It is clear that they have a passion for entrepreneurship.

Tijn

The speed of action pleasantly surprised us. Communication was always handled through a single point of contact, which prevented confusion. The document was accepted flawlessly by our investors.

Driss

I had not expected legal assistance could be so accessible. Communication by email and phone was clear. A reliable partner who strives for perfection in their documents.

Eline

We immediately clicked well with the lawyer who assisted us. We received excellent advice regarding the division of intellectual property rights. Our clients respond positively to the clear general terms and conditions.

Meet our office

Our ContractCheck, simply explained what can all go wrong.

Why MKB Juristen?

Since 2001, we have been active as a no-nonsense legal firm for entrepreneurs. We quickly get to the heart of the matter: with a thorough assessment, clear answers, and a document that works practically.

  • Nationwide coverage
  • First consultation free and without obligation
  • Fixed rates where possible
  • Affordable legal advice from lawyers and legal experts
  • Always a response within 4 hours

First, see how we work

A legal document requires trust. You see immediately who we are, how we help entrepreneurs, and why we do not work with standard templates.

  • You can view our working method before submitting an application
  • You will get a feel for the office and the people faster
  • The video supports the choice for customized legal solutions
  • After that, you can immediately request a quote or intake

What you can expect from us

We translate your situation into a legal document that you can actually use. You won't receive a loose template, but a document tailored to your business, agreements, and risks.

  • A clear roadmap: intake, concept, revision round, and final version
  • Practical explanation on how to use the document
  • Legal attention to liability, payment, and termination
  • Where possible, provide clarity in advance regarding price and delivery time
Are you unsure whether you should have the document drafted, checked, or amended?
During the initial consultation, we will determine the sensible course of action together. Afterward, you will know exactly where you stand.

Why customization?

A legal document only works well if it aligns with your business, agreements, risks, and industry. That is why we do not work with a standard generator, but with legal experts who assess your situation.

  • Prepared for your company
  • Telephone consultation included
  • No standard template
  • Review by legal specialists

What do you get?

You will receive a legal document that is practical and aligns with the agreements you wish to make.

  • Draft document or legal review
  • One adjustment round
  • Clear explanation where necessary
  • Fixed price where possible

The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Denian Wielhouwer

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Annelore Hendriks

Ilja van Driel

Corporate law attorney, employment law

Ilja van Driel

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Jaime Boogaers
Custom choices

Which choices determine the content?

Not every notice of default is the same. A few key questions determine which time limit, tone, and consequences you include, and whether a notice of default is necessary at all.

Choice or question Why this matters legally
Has default already occurred by operation of law? In the event of a fatal deadline or permanent impossibility, no notice of default is required; however, if in doubt, send one for added security.
What timeframe is reasonable? The time limit depends on the nature of the performance and the circumstances; too short renders the reminder unusable, while too long costs you time.
What do you want after the absence? Do you opt for performance, dissolution, or damages? That determines which consequences you announce.
Would you like to leave room for recovery? A businesslike but polite tone keeps the relationship open; a harsh tone suits a definitive dispute.
How do you prove receipt? Sending by registered mail or by email with a read receipt determines whether you can later prove that the other party was formally notified.
Clauses and provisions

What elements belong in a notice of default?

A notice of default is only legally valid if it tells the other party exactly what is wrong and what needs to be done. The elements below ensure that your demand constitutes default.

Provision Relevant to Legal point of attention
Party details Always Full name and address details of you and the other party, so that it is clear who is addressing whom.
Description of agreement Always Reference to the contract or assignment, with date and reference number, so that the obligation is identifiable.
Concrete shortcoming Always Factual description of what has not been fulfilled or has been fulfilled defectively (which performance, since when).
Claim for performance Always Unambiguous demand to comply correctly or to remedy the defect.
Reasonable time Almost always A concrete, feasible deadline within which compliance must still be achieved (date or number of days).
Announcement of consequences Recommended Statement that default occurs in the event of failure to perform and that you enforce performance, dissolve the contract, or claim damages.
Date and signature Always Date and signature, so that the moment of the demand is established.
Shipping method Recommended Send by registered mail or with acknowledgment of receipt, so that you can prove that the letter arrived.
Use in practice

How do you use this document correctly?

A notice of default is only effective if you use it at the right time and in the right way. Follow these steps to strengthen your position.

Situation What should you do? Point of attention
For shipping Check whether the obligation is due and payable and whether a fixed deadline already applies Otherwise, you may be issuing a notice of default incorrectly or unnecessarily.
When drafting Describe the deficiency and the timeframe concretely and verifiably A vague reminder does not constitute default.
Upon shipment Send by registered mail or with delivery and keep a copy This way, you can prove later that and when a reminder was sent.
After the term expires Determine whether compliance has been achieved and take the announced next step Default has then occurred, and you may dissolve the contract or claim damages.
Common mistakes

Common mistakes

A notice of default that does not meet the requirements misses its mark. These are the errors that most often lead to a failed demand, along with their consequences and solutions.

Wrong Consequence Better approach
Setting no or an unreasonable deadline No default occurs, further steps are not possible Grant a concrete, achievable timeframe commensurate with the performance.
Describe the shortcoming too vaguely The other party does not know what needs to be repaired and disputes the demand for payment Describe factually which performance is missing and since when.
Send a reminder verbally or by regular mail You cannot prove receipt Send in writing, preferably by registered mail or with acknowledgment of receipt.
Not mentioning the consequences Uncertainty about what happens after the term Announce that you are enforcing performance, dissolving the contract, or claiming damages.
Notice of default too early The obligation is not yet due and payable; the demand is without effect Wait until the performance is actually due.
Risk profile

What is your situation and what do you pay attention to?

The right approach depends on your situation. If you recognize yourself in one of the cases below, you know what to pay extra attention to.

Risk profile Example Focus in the document
Supplier does not deliver (on time) An agreed delivery or service fails to occur or is late Set a reasonable timeframe and record the original agreement and date.
Poor performance The work or product has been delivered but does not meet the agreement Describe the defect concretely and demand repair within a specified timeframe.
Contractor does not complete work An assignment remains unfinished or shows defects Give the contractor a final chance to rectify the situation before you terminate the contract or engage third parties.
Debtor does not pay An invoice remains outstanding despite reminders In the case of a commercial agreement, default may sometimes occur immediately; if in doubt, send a written formal notice nonetheless.
Additional documents

When is this document not enough?

A notice of default is sometimes an intermediate step or simply not the right tool. In these situations, another document or process will help you move forward.

Situation Supplementary document Why
The claim is an unpaid invoice Debt collection For the actual collection of a monetary claim, a debt collection process is generally more effective.
The dispute is escalating Legal assistance If performance fails to materialize and the parties cannot reach an agreement, legal assistance with dissolution or proceedings is advisable.
The agreements themselves are unclear Cooperation Agreement If the cause lies in vague agreements, first formally document the collaboration.
Explanation of this document

Drafting a notice of default, why?

Not every entrepreneur knows exactly what a notice of default is, when you need them, and which risks they must cover. That is why we explain below what this document entails, what you should look out for, and why customized legal solutions are important.

What is a notice of default?
A notice of default is the written demand by which a creditor puts the debtor in default by giving him a reasonable period for the fulfillment of his obligations. Pursuant to Article 6:82, paragraph 1, of the Dutch Civil Code, default occurs when the debtor is demanded by a written demand, is granted a reasonable period for performance, and fails to perform within that period. Default is the legal gateway that gives the creditor access to the most effective remedies: damages pursuant to Article 6:74 of the Dutch Civil Code, dissolution of the agreement pursuant to Article 6:265 of the Dutch Civil Code, and substitute performance. Without default, these remedies are in principle not available, even if the breach is factually established. Our lawyers will draft a notice of default for you that meets the requirements of Article 6:82 of the Dutch Civil Code, correctly establishes the default, and maximizes your evidentiary position for any potential proceedings.
What requirements must a notice of default meet?
A legally valid notice of default must meet three cumulative requirements. Written form: the notice must be in writing — by letter, email, or via a bailiff; an oral notice is insufficient. Clear description of the failure: the creditor must concretely describe which obligation has not been fulfilled — with reference to the relevant contract, the agreed performance, and the date on which performance should have taken place. A vague notice that does not enable the debtor to understand what is expected of him is insufficient. Reasonable period for performance: the debtor must be given a real opportunity to still perform. What constitutes "reasonable" depends on the circumstances: seven to fourteen days is usually sufficient for payment of an invoice; a longer period may be required for the repair of complex construction defects. There is no statutory standard period of fourteen days — this is common practice, not a legal rule. Our lawyers formulate the period that is appropriate for your specific situation.
When is a notice of default not required for default to occur?
Article 6:83 of the Dutch Civil Code lists cases in which default occurs by operation of law, without a notice of default being required. The most relevant case for business practice is the fatal time limit: if the agreement prescribes a specific time for performance and the debtor allows that time to elapse without performing, he is immediately in default — "time is of the essence" situations. Furthermore, default occurs by operation of law in the case of an obligation arising from a tort or for damages if performance does not take place immediately, and if the creditor must infer from a communication by the debtor that he will fail to perform. Particular point of attention: even if fatal default applies, nevertheless send a notice of default for confirmation — it serves as proof of the time of default and the accrual of damages. Our lawyers advise you on whether a notice of default is required in your situation or merely advisable.
What are the legal consequences of default?
As soon as the debtor is in default after the expiration of the period specified in your notice of default, the following legal consequences arise. The creditor may damages pursuant to Article 6:74 of the Dutch Civil Code for all damage suffered as a result of the breach, including damages for delay. In the case of monetary claims, the creditor is entitled to statutory interest or commercial interest from the moment of default. The creditor may dissolve pursuant to Article 6:265 of the Dutch Civil Code — in the event of a sufficiently serious breach, whether or not combined with an additional performance period. Furthermore, the creditor may substitute performance or have it carried out at the debtor's expense. Our lawyers will advise you on the most effective legal remedy for your situation following the occurrence of default.
How does it work at MKBjuristen?
After a brief intake, our lawyers assess the nature of the breach, the contractual obligations, and your procedural positions. Based on this, we draft a notice of default that meets the requirements of Article 6:82 of the Dutch Civil Code, concretely describes the breach, sets a reasonable period for performance, and prepares your claims for damages, dissolution, or substitute performance.
Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.
Request a quote

Why not use a standard document?

A standard document often seems like a quick solution, but usually does not fully align with your company, agreements, risks, and way of working. Our legal experts draft documents that fit your situation.

Standard document
SME Lawyers
Not tailored to your business
Tailored to your company, industry, and working methods
No control over your specific situation
Consultation with a lawyer and assessment of your risks
Possibly outdated or incomplete
Verification of current and practical provisions
No personal explanation
Explanation regarding the use of the document

A standard document seems cheap, until it doesn't fit your situation properly. That is why we provide custom legal solutions tailored to your business.

Custom solutions per industry and company

Every business operates differently and faces different legal risks. Therefore, we tailor the document to your industry, customers, agreements, and way of working.

Webshops & e-commerce

Focus on online sales, delivery, returns, complaints, payment, digital products, and consumer regulations.

Business services

Attention to the assignment, additional work, liability, payment, termination, and reliance on client information.

Construction, installation & execution

Attention to planning, delivery, warranties, additional work, materials, delays, and liability risks.

Software, SaaS & digital services

Attention to licenses, availability, support, updates, data, intellectual property, and limitation of liability.

Trade, supply & wholesale

Attention to delivery, transport, payment, retention of title, warranties, delivery times, and international agreements.

Consultants, freelancers & advisors

Attention to scope, best efforts obligations, cancellation, payment, liability, and confidential information.


A legal document only has value if it suits your practice. That is why we look not only at the text, but also at how you use the document in your business.

Common mistakes with legal documents

A legal document often seems simple, but small errors can have major consequences later on. In practice, we see that entrepreneurs run the greatest risk when a document does not align well with their business, agreements, or way of working.

  • Using a standard document that does not suit the company
  • Forgot important agreements regarding payment, delivery, liability, or termination
  • Have a document generated without legal review
  • Continuing to use old documents while the company has changed
  • Not knowing how the document should be used correctly in practice

A legal document only prevents problems if it suits your situation. That is why we look not only at the text, but also at your company, agreements, and risks.

Why is a standard document often not enough?

Because a standard document does not take into account your industry, customers, risks, and specific agreements, important provisions may be missing or not align well with your practice.

Can I create a legal document myself using AI?

AI can assist in creating text, but does not independently assess whether the document is legally appropriate, complete, and usable for your business. Legal review therefore remains important.

When do I need to have my document checked?

Have your document checked if your business has changed, you have new customers or services, you have doubts about existing agreements, or the document has not been updated for a long time.

Will I also receive an explanation about the use of the document?

Yes. We explain how to use the document in practice, what to look out for, and which steps are important to prevent disputes afterwards.

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Annelore Hendriks

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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