Debt collection

We are here to help you with your debt collection process

  • We worked for, among others:
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
Disputed invoice collection

Disputed invoice collection

Is your client disputing your invoice? This is not standard debt collection — it is a legal dispute. We assess your position and propose the strongest next step.

A disputed invoice requires a different approach than standard debt collection. Sending reminders has no effect — the underlying legal conflict must be resolved first. MKBjuristen reviews your case, legally refutes the dispute, and guides you through the process to payment. Fixed price, no hourly rate.

  • Prevent your evidentiary position from weakening
  • Clarity regarding reminding, admonishing, or summoning
  • Advice on disputed invoices and dissatisfied customers
  • Assistance with negotiation or proceedings if necessary
First, determine the position. We look at agreements, evidence, and risks.
Do not escalate unnecessarily. The right tone often prevents further conflict.
Practical next step: You know whether sending a formal demand letter, negotiating, or litigating makes sense.

Sound familiar?

You can recognize a disputed invoice by these signs.

The customer claims that delivery was not made or was incomplete

You have delivered fully, but the customer claims otherwise. This is a legal dispute regarding the facts that requires proof.

The customer complains about the quality afterwards

After delivery, the customer claims that the work was defective or that the goods do not conform to the agreement. Payment is suspended as a means of pressure.

The customer claims that there is no agreement

The client denies that any agreements were made or that they are binding. Your contractual position and burden of proof are therefore decisive.

The customer disputes the amount of the invoice

The client disagrees with the invoice amount, extra costs, or additional work. Your general terms and conditions and the recorded agreements determine your position.

The customer is threatening a counterclaim

The customer claims to have suffered damage as a result of your delivery and threatens a counterclaim or set-off. Immediate legal assessment is therefore necessary.

Please note: waiting too long or responding incorrectly can work against you later. Therefore, first document what has been agreed upon, delivered, and communicated.

What is a disputed invoice?

An invoice is disputed as soon as your customer indicates that they do not agree with the substance of (part of) your claim. The customer cites a well-founded reason for not paying — and that makes this a legal
dispute, not an ordinary payment default.

Common reasons for dispute are that the customer claims that delivery was non-existent or incomplete, that the delivered goods or services do not conform to the agreement, that there is non-conformity, that the customer believes delivery was late and has suffered damage as a result, or that the customer claims that no agreement was concluded at all.

It makes no difference whether the customer is correct in their dispute. As soon as a defense is raised, standard debt collection is no longer the correct route.

Why doesn't regular direct debit work for a disputed invoice?

For an undisputed invoice, the out-of-court collection process works excellently — demand letters and telephone pressure lead to payment in most cases. With a disputed invoice, this has no effect. The customer does not dispute the payment, but the underlying obligation. Sending reminders is then a waste of time.

First, it must be assessed whether the dispute holds up legally. For this, knowledge of contract law, the law of evidence, and the contents of your file is necessary. A standard debt collection agency typically does not possess this.

The first step: assessing your evidentiary position

As soon as a customer disputes your invoice, the first question is: how strong is your case? We review your agreement, quotation, order confirmation, email correspondence, delivery receipts, time records, and general terms and conditions.

Based on that assessment, we will give you honest advice: does the dispute hold up legally or not? And what is the strongest next step — a legally substantiated letter of response, negotiation, settlement, or proceedings?

Legally substantiated response letter

If your case is strong enough, we will draft a legally substantiated response letter. In it, we refute the dispute point by point, substantiate your claim with relevant evidence, and announce concrete next steps if payment is not received.

A letter from MKBjuristen has significantly more impact than a letter written by the client themselves. The client knows that a law firm can not only write letters—but can also issue summonses, seize assets, and file for bankruptcy.

Negotiate or litigate?

Not every disputed invoice needs to lead to legal proceedings. Sometimes, partial payment or a settlement is the most commercially sensible outcome—especially if the business relationship is important or if the evidentiary position is not watertight.

We advise you on the chances and costs of legal proceedings before you take that step. If litigation is deemed advisable, we engage a specialized lawyer to draft the summons and conduct the proceedings. You remain with MKBjuristen — no transfer, no change of firm.

Disputed invoice: fixed price, no hourly rate

For disputed claims, we do not work on a no cure no pay basis — the legal complexity, time investment, and uncertain outcome make that impossible. We do, however, work for a fixed price: you know in advance what the assessment and the response letter will cost. No hourly rate surprises, and no switching firms if the case becomes more complex.

How do we help?

We do not initiate litigation. First, we map out your legal position, evidence, and commercial interests. Then, we determine the appropriate step for the problem.

1

Review file

We review agreements, quotations, correspondence, delivery notes, and general terms and conditions — and provide honest advice on the legal strength of your position.

2

Refute dispute

We draft a legally substantiated response letter that refutes the challenge point by point and announces concrete next steps.

3

Negotiate or litigate

We advise whether a settlement is commercially wiser or whether litigation is the best route — and, if necessary, immediately engage a lawyer.

4

Procedure or execution

We guide the entire procedure before the sub-district court or district court and, after a successful judgment, arrange for execution via the bailiff.

Frequently Asked Questions

What is the difference between a disputed and an undisputed invoice?

In the case of an undisputed invoice, the debtor acknowledges the debt but does not pay. Standard debt collection methods—a demand letter or out-of-court process—are effective in this instance. With a disputed invoice, the debtor raises a substantive defense and disputes the underlying obligation. In this case, there is a legal conflict that must first be assessed on its merits.

Does the no cure no pay policy apply to a disputed invoice?

No. For disputed claims, a no cure no pay arrangement is not possible due to the legal complexity, the time investment, and the uncertain outcome. MKBjuristen works on a fixed price for disputed invoices — you know in advance what the assessment and response letter will cost.

What should I do if a customer disputes my invoice?

Respond in a professional manner and request a clear and specific explanation of the dispute in writing. Do not make any promises or admit liability in the correspondence. Subsequently, gather all relevant documents and have your position legally reviewed before taking further steps.

How strong is my position if the customer disputes the invoice?

That depends on the content of your agreement, the recorded arrangements, the proof of delivery, and the tone and content of the correspondence. We assess this as a first step and provide you with honest advice — even if that advice is that the dispute is partially justified.

Can a disputed invoice still be collected through the courts?

Yes. If your case is strong enough and the challenge does not hold up legally, you can proceed to court. We will engage a lawyer for the summons and guide the proceedings. In the event of a favorable judgment, you can have the debtor's assets seized by enforcement order.

When is a settlement wiser than litigation?

If your evidentiary position is not watertight, if the commercial relationship is at stake, or if the costs of proceedings are disproportionate to the claim, we will fairly assess whether litigating or settling is the wisest choice.

Is a customer allowed to suspend payment if he has a complaint?

That depends on the nature of the complaint, the time at which it was made, and the content of your agreement and general terms and conditions. Suspension is not automatically permitted — statutory requirements apply. We assess whether the suspension is legally justified.

Present your situation without obligation

Briefly describe the situation. We will assess the sensible next step and contact you.

Need help with this problem?

Discuss your situation before sending a formal demand, making threats, or taking further steps.

  • First consultation free and without obligation
  • Assessment of your position and evidence
  • Advice on sending reminders or negotiating
  • Fixed rates where possible
Have disputed invoice reviewed

Review disputed invoice

from a fixed one-time price

We assess your case and advise on the legal strength of your position and the strongest next step.

  • Assessment of agreement, evidence, and defense
  • Honest advice on opportunities and risks
  • Fixed price, no hourly rate
Have the file reviewed

Legal response letter

from a fixed one-time price

We draft a legally substantiated response letter that refutes the dispute and enforces payment.

  • Point-by-point refutation of the challenge
  • Substantiation with relevant evidence
  • Announcement of concrete next steps
Have a response letter drafted

Summons

from €129 one-time

Is the challenge legally insufficient and do you wish to have the judge rule? We will draft the summons.

  • Summons by a legal expert or lawyer
  • Served by bailiff
  • Procedure up to and including judgment
Discuss the summons

Preservative attachment

from on request one-off

Is the debtor threatening to siphon off assets while the dispute is ongoing? We engage a lawyer immediately.

  • Leave granted by the preliminary relief judge
  • In case of emergency, within 24 hours
  • Securing your claim during the proceedings
Discuss seizure
Mr. Jaime Boogaers
Mr. Jaime Boogaers
Debt Collection Law · Corporate Counsel

A dispute does not mean your claim is without merit. It means you need someone who will first honestly assess your case—and only then provide advice. We always do this as the first step, before a single letter is sent out.

NB

  • Do not send a standard reminder for a disputed invoice — that is counterproductive
  • Do not make promises or acknowledge liability in the correspondence
  • Always request a detailed explanation of the dispute in writing
  • Save all emails, WhatsApp messages, quotes, and delivery receipts
  • Have your position legally reviewed before responding to the challenge

Need help?

Call us on 085 25000 44.We will then briefly review with you what the sensible next step is.

Direct contact with us

Denian Wielhouwer

We will discuss your situation in a free consultation.
Please contact our specialists.

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