Has your debtor or tenant not paid and are you considering engaging a bailiff? Both private individuals and companies can engage a bailiff. A bailiff has more legal powers, but it may still be advisable to call in a collection agency first. When is it best to immediately engage a bailiff?
Amicable collection procedure: the collection agency
After you have tried to collect the payment yourself with written and telephone reminders, you indicate with a notice that you fail to engage a collection agency if payment is not made. It is wise but not necessary to include in your general terms and conditions in advance, that the collection agency may then charge interest and extrajudicial collection costs to your defaulter. The extrajudicial collection costs are determined on the basis of the scale of Report Voorwerk II. For amounts of up to 250, 500, 1250 USD, these are respectively 37, 75 and 150 USD. The collection agency tries to collect the outstanding amount and the collection costs for you by written and telephone contact. Most collection agencies set aside a few weeks for this procedure and start legal proceedings after the payment has not been made.
Legal collection procedure
The legal procedure is started by the collection agency by calling in a bailiff. Calling in a bailiff is legally necessary because it is the only person authorized to issue a summons. In the summons, the claim is substantiated and the debtor is summoned to appear in court. Calling in a bailiff is therefore necessary if you want to start a legal collection procedure. Issuing a day ticket costs USD 76.31. In addition, you pay costs for drafting the summons to the collection agency or the bailiff and court fees for the court. A legal collection procedure can take a few months to a year and ends with a settlement or a final judgment.
Call in bailiff to seize
If the court has rendered a judgment you have an enforceable title. This allows you to call in a bailiff again, but now to seize wages, benefits, assets, real estate or other payments from third parties. For example, an employer is obliged to withhold a certain part of the salary and transfer it to the bailiff with whom the debt can be paid. The costs of engaging a bailiff are borne by the defaulter and amount to approximately 110 USD.