Supervision and Enforcement
Collection order
Lawyers and legal experts for enforcement proceedings
A collection order follows a forfeited penalty payment. Our lawyers and in-house counsel assess the legality and handle objections and appeals – for the international group as well as the baker on the corner.
- We worked for, among others:
What we do
A collection order is a written decision drawn up by a government body. This written decision states that a citizen or company has failed to comply with a (previous) order imposing a penalty payment. It also states the administrative body's opinion on why they believe the citizen or company has failed to comply with the order imposing the penalty payment. A collection can be enforced by the administrative body by means of a writ of execution.
If the citizen or company disagrees with the collection decision, they have the option to lodge an objection.
When organizations encounter enforcement issues, it is advisable to seek expert legal advice. We have extensive experience with enforcement issues and procedures. Contact us to discuss the possibilities.
The collection order within supervision and enforcement
The collection order is the cornerstone of an enforcement process that begins with an order subject to a penalty payment. If the penalty payment is forfeited because the order has not been complied with (in a timely manner), the administrative body establishes, by means of a collection order, that and the amount due. This order is an independent decision within the meaning of the General Administrative Law Act and therefore falls under the broader expertise of Supervision and Enforcement. For our clients – from an international corporation to the baker on the corner – the impact differs, but the legal line is the same: incorrect or premature collection can be successfully challenged.
Forfeiture and the duty to collect
A penalty payment is forfeited by operation of law as soon as the order is not complied with in a timely manner; a forfeited penalty payment must be paid within six weeks pursuant to Article 5:33 of the General Administrative Law Act. In principle, the administrative body has a duty to actually collect forfeited penalty payments (the so-called principle duty to collect). Collection may only be waived in whole or in part in exceptional circumstances. Our lawyers and in-house counsel assess whether the administrative body has correctly determined the order, the compliance period, and the forfeiture – errors in this regard directly affect the validity of the collection decision.
Objection and appeal against the collection decision
If you disagree with the collection decision, you may lodge an objection within six weeks with the administrative body that issued the decision, pursuant to Article 8:1 in conjunction with Article 7:1 of the General Administrative Law Act (the objection period of Article 6:7 of the General Administrative Law Act). An important rule regarding concurrent proceedings is set out in Article 5:39 of the General Administrative Law Act: if an objection or appeal against the underlying penalty payment order is still pending, this automatically also applies to the collection decision. This prevents you from having to conduct two separate proceedings regarding the same dispute. In practice, the chances of success are relatively high, because the administrative body must act carefully and precisely on numerous points.
Statute of limitations and interruption of collection
The power to collect a forfeited penalty payment lapses pursuant to Article 5:35 of the General Administrative Law Act one year after the day on which the penalty payment was forfeited. Contrary to popular belief, the collection decision itself does not interrupt the limitation period; according to settled case law of the Administrative Jurisdiction Division of the Council of State, the administrative body must actively interrupt the limitation period, for example by means of a formal notice or an enforcement order. In doing so, the administrative body must pay close attention to the time limits. For you, a successful plea of prescription may mean that the claim is no longer enforceable – a defense that our legal experts routinely investigate.
Enforcement order and execution
If you fail to pay the forfeited penalty, the administrative body may proceed to recovery by means of a writ of execution pursuant to Article 5:10 in conjunction with Title 4.4 of the General Administrative Law Act. A writ of execution constitutes an enforceable title that can be executed in accordance with the Code of Civil Procedure. Opposition to the execution is possible before the civil court. If the underlying order subject to a penalty is amended or lapses – for example, following a decision on an objection – the earlier recovery decision may also lapse pursuant to Article 5:38 of the General Administrative Law Act. We will assess which course of action – administrative defense or civil opposition – is most likely to succeed in your situation.
What our lawyers and legal experts do for you
MKB Juristen works with mixed teams of lawyers and in-house counsel. We assess the legality of the collection order, verify forfeiture, jurisdiction, and time limits, conduct objection and appeal proceedings, and investigate statutes of limitations and special circumstances. Whether you are a large company looking to limit reputational and continuity risks or a small business owner facing an unexpected assessment, we ensure a well-substantiated defense. Also, view our broader expertise in Supervision and Enforcement or contact us directly to discuss the possibilities.
Mr. Jaime Boogaers
Corporate Law · Lawyer
In specialized legal cases, it is not just about the legal rule. It is also about evidence, timing, negotiating position, and the business implications of every step.
Our services
We guide you through every part of a debt collection process.
- Assessment of the lawfulness of the recovery order
- Objection and appeal procedures (Articles 7:1 and 8:1 of the General Administrative Law Act)
- Investigation into prescription and interruption (Article 5:35 of the General Administrative Law Act)
- Defense against enforcement order and opposition before the civil court
- Advice on special circumstances and duty of care
Where does it go wrong?
A collection order may have been issued prematurely, without authority, or too late. Anyone who fails to monitor the time limits and the interplay with the underlying order subject to a penalty payment may pay too much or lack a defense.
- Allow the six-week objection period to expire unused
- Do not invoke the statute of limitations (Article 5:35 of the General Administrative Law Act)
- Overlooking the concurrence rule of Article 5:39 of the General Administrative Law Act
- Accepting a writ of execution without prior notice
Our approach
We first assess the forfeiture, jurisdiction, and time limits. Subsequently, we select the most promising course of action: administrative objection and appeal, an appeal based on the statute of limitations, or civil opposition to enforcement. You will receive substantiated advice with a realistic assessment of the likelihood of success.
This is how we work
From initial assessment to four-step procedure.
01
Intake and initial assessment
We will briefly discuss the situation, the available documents, and your primary interests.
02
Analysis of position and risks
We assess your legal position, supporting documents, deadlines, and possible next steps.
03
Strategic advice
You will receive concrete advice on the best course of action: responding, negotiating, settling, or litigating.
04
Execution
We assist with correspondence, negotiation, litigation strategy, or further legal assistance.
Specialists for entrepreneurs
We combine legal analysis with practical experience in cases for entrepreneurs, directors, and organizations.
All our legal experts and lawyers possess broad knowledge of supervision and enforcement. In addition, they have specialized in one or more areas of focus within administrative law. We have organized several areas of focus into various practice groups. Based on his or her specialization(s), each lawyer is part of one or more practice groups. Clients can go directly to the appropriate practice group for each case. Here, they are assisted by the lawyer or legal expert most suitable for the case. Where necessary, we draw upon the expertise and experience of our specialist colleagues from other practice groups.
Frequently Asked Questions
Answers to questions we often receive about the collection order.
When is legal advice advisable?
Legal advice is wise as soon as pressure arises, deadlines are running, an opposing party takes a position, or when the financial or strategic interests are significant.
Can MKB Juristen also help if there is already a conflict?
Yes. We assess your legal position, advise on strategy, and can assist with correspondence, negotiation, defense, or further legal steps.
How much does specialist legal advice cost?
Specialist advice is provided on an hourly basis in principle. Where possible, we provide clarity in advance regarding the expected approach, costs, and next steps.
Can I have a no-obligation consultation first?
Yes. You can request a free consultation. We will briefly discuss your situation and indicate which course of action is likely the sensible one.
Received a collection order?
Contact our lawyers and in-house counsel to discuss your options. We will assess your case and advise on the most promising defense.
More expertise within this team
Also view the other sections within this area of law.
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