Send a reminder to a non-paying customer

Send a reminder

When do you send a reminder and what must it contain?

Has your customer failed to pay after a reminder? Then a legally correct formal demand is the next step. Without the proper demand, you cannot claim collection costs, and your position is weakened should legal proceedings ensue. We will draft the demand for you.

  • 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?

Do you recognize one of these situations? Then a reminder is probably the right next step.

The payment term has expired

You have sent one or more reminders, but the customer still is not paying.

You want to be able to claim collection costs and interest

Without a proper reminder, you cannot charge statutory interest or collection costs.

You wish to formally place the customer in default

In many cases, a formal demand is the legally required step to take further action.

You doubt whether your demand letter is legally correct

An error in the demand letter can later lead to the rejection of collection costs by the court.

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

When do you send a reminder?

You send a formal notice after the payment deadline has passed and a friendly payment reminder has yielded no results. The formal notice is the formal step in which you give the customer a final deadline
to pay — clearly stating the consequences if payment is not received.

For business clients, a formal demand for payment is not legally required, but it is advisable. Without a formal demand, in many cases you cannot claim statutory interest and collection costs. For consumers, a
proper formal demand is legally required before you may charge collection costs.

What must be included in a demand letter?

A legally correct formal notice contains at least:
– a clear reference to the outstanding invoice with invoice number and amount
– the date on which the payment term has expired
– a firm payment deadline — usually 5 to 14 days for business customers, at least 14 days for consumers
– a notification of the consequences: statutory (commercial) interest, collection costs, and further legal action

Preferably send the reminder both by email and by registered mail. This way, you can later prove that the customer received the reminder.

Reminder to a consumer: the 14-day period

If you have a private customer who fails to pay, you are legally obliged to send a so-called 14-day letter. In this letter, you give the consumer 14 days to pay free of charge. Only
after this period has expired may you charge collection costs.

If the demand for payment does not meet the legal requirements, the judge may reject the collection costs — even if the principal amount is awarded.

Reminder to a business customer

For business customers, the rules are less strict, but the formal demand letter is the pivotal point of the collection process here as well. A well-formulated formal demand letter places the customer in legal default, opens the way to statutory commercial interest (in 2026: 12.50%), and lays the foundation for further legal action.

Please note: do not explicitly state in the reminder which reminder it concerns ('first reminder', 'second reminder'). The customer then knows that more will follow and has less reason to pay quickly.

When is a reminder not enough?

If the customer disputes the content of the invoice, a standard reminder is not the right step. A legal assessment is required first: is your claim strong enough? Is the customer in default? What is the best tone and strategy? We will draft the reminder for you or assess whether a notice of default or a formal demand would be more sensible.

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

Assess the situation

We assess whether a demand letter, notice of default, or formal notice is the appropriate step in your situation.

2

Drafting a reminder

We draft a legally correct demand letter with the right tone, timeframe, and reference to interest and collection costs.

3

Sending and documenting

The reminder is sent by email and registered mail so that receipt can be proven.

4

Determine next step

Has the client failed to pay within the set timeframe? We advise on the next step: debt collection, negotiation, or legal proceedings.

Frequently Asked Questions

What is the difference between a payment reminder and a demand letter?

A payment reminder is friendly in tone and serves as the first signal that an invoice is outstanding. A demand letter is more formal, sets a strict deadline, and announces concrete consequences — such as interest, collection costs, and further legal action. Legally, the demand letter is the pivotal point for the collection process.

Am I obliged to send a reminder?

For consumers, you are legally required to send a demand letter with a 14-day period before you may charge collection costs. For business customers, this is not mandatory, but it is legally advisable — without a demand letter, in many cases, you cannot claim interest and collection costs.

What collection costs am I allowed to charge?

The amount of collection costs is determined by the Collection Costs Act (WIK) and depends on the amount of the claim. The minimum is €40.00. You may only charge these costs after the customer has received a proper reminder and the payment term has expired.

Am I allowed to charge statutory interest?

Yes. For business customers, the statutory commercial interest rate (in 2026: 12.50%) applies as soon as the payment term has expired. For consumers, the standard statutory interest rate applies. Mention this in the reminder notice to be able to claim this later.

How do I send the reminder?

Send the reminder both by email and by registered mail. This way, you can prove that the customer received the reminder — which may be important later if legal proceedings ensue.

What if the customer still doesn't pay after the reminder?

Then there are three routes: no cure no pay debt collection (for undisputed claims of €1,500 or more), negotiation through a lawyer, or legal proceedings. We advise on which route yields the best results in your situation.

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 a demand letter drafted

Drafting a reminder

from on request one-off

Have a legally correct demand letter drafted that meets all legal requirements.

  • Correct for both B2B and B2C
  • Correct term, tone and cost disclosure
  • Sending by email and registered mail
Discuss reminder

Legal advice

from 125.- one-time

Are you unsure whether a demand letter, notice of default, or formal notice is the right step?

  • Contact within one business day
  • Concrete advice on your next step
  • Suitable in case of doubt regarding the client's approach or defense
Schedule a consultation

No cure no pay debt collection

from no one-time

Does the customer not dispute the invoice and simply not pay? We collect your debt without an advance payment.

  • Claims between €1,500 and €25,000
  • Demand letter, formal notice and, if necessary, legal proceedings
  • If we don't collect anything, you pay us nothing.
Start collection

Negotiating

from 998.- one-time

Is the customer not responding to the demand for payment or is he putting up a defense? We negotiate on your behalf.

  • Determine strategy in advance
  • Contact with the other party
  • Record agreements in writing
Discuss negotiation
Mr. Jaime Boogaers
Mr. Jaime Boogaers
Corporate Law · Lawyer

A demand letter that does not meet legal requirements not only costs you time — the judge may reject your collection costs, even if you win the case. Have it drafted correctly the first time.

NB

  • Always state a strict payment deadline in the reminder
  • State the consequences explicitly: interest, collection costs, and legal action
  • Send by registered mail and by email as proof of receipt
  • Do not mention 'first' or 'second' reminder in the letter
  • Check whether your General Terms and Conditions correctly cover collection costs

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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