When do you start a debt collection process?
You have sent a reminder. The payment deadline has passed. The customer does not respond or disputes the invoice. At that point, a debt collection process is the next step — but which process suits your situation?
The answer depends on one question: does the customer dispute the content of the invoice, or is he simply not paying?
Undisputed claim: no cure no pay collection
Does the customer not dispute your invoice, but simply not pay? Then no cure no pay collection works fastest. You only pay upon result — no hourly rate, no advance payment, no risk. If we collect nothing, you pay us nothing.
We handle no cure no pay debt collection for B2B business claims between €1,500 and €25,000 against debtors established in the Netherlands. For claims under €1,500, you can contact a regular collection agency. For amounts exceeding €25,000, we will discuss a tailored approach.
The advantage of a debt collection law firm compared to a standard collection agency is that we can actually take legal action if the debtor fails to pay. We can obtain a provisional attachment, initiate summons proceedings, or file for the debtor's bankruptcy — without you having to switch firms. A letter from a lawyer makes a greater impression than a letter from a collection agency.
No cure no pay works best if:
– the invoice is not disputed on substance
– the assignment has demonstrably been carried out and invoiced
– there is no active counterclaim or set-off involved
– the debtor is established in the Netherlands and offers recourse
Disputed claim: legal debt collection with a fixed price
Does the client mount a substantive defense—claiming that the work was substantive, delivery was late, or that agreements were made differently? Then this is no longer a standard debt collection case, but a legal dispute. No cure no pay does not work here, because the outcome depends on evidence, contract content, and legal
strategy.
At many firms, you then switch to an hourly rate without clarity regarding the final costs. At MKBjuristen, it works differently. Even with disputed claims, we work as much as possible on a fixed price basis: determining the legal position, drafting the appropriate letter, negotiating, or litigating. No changing firms,
no hourly rate surprises, one lawyer from start to finish.
The difference between extrajudicial and judicial debt collection
Out-of-court debt collection is the phase before court proceedings. We send reminders and demand letters and enter into negotiations with the debtor to obtain payment without legal proceedings. In most cases, this is sufficient.
If out-of-court settlements are unsuccessful, the judicial phase begins. We summon the debtor, request a payment order, or place a provisional attachment. Following a judgment, we handle the execution—via the bailiff.
What can you, as a creditor, do yourself to strengthen your position?
The stronger your documentation, the greater the chance of a successful collection. Ensure that you have a
signed order confirmation or agreement, the invoice with payment terms, proof of delivery or
execution, and previous correspondence showing that the debtor has not responded or disputed the claim.
The better your file, the faster we can act.
