Courts and Codes
Lower-value claims go to the Kantonrechter, a division of the Rechtbank where parties may appear without a lawyer; higher-value claims go to the Rechtbank proper, where representation is required. Enforcement and service are handled by the gerechtsdeurwaarder, a court bailiff with a wider role than in most systems. Because the Netherlands has no domestic payment order, the European Order for Payment is often the practical fast track for a creditor based elsewhere in the EU.
Conservatoir Beslag: Freezing Assets Before Judgment
Dutch procedure allows a creditor to apply to the court for permission to attach the debtor's assets before obtaining judgment. The application is made ex parte and, where granted, the bailiff can attach bank accounts, receivables owed to the debtor by its own customers, or goods.
The commercial effect is immediate and often decisive: a trading company whose bank account is frozen, or whose customers have been served with an attachment on money they owe it, generally has a strong incentive to settle. Proceedings on the merits must then be commenced within a period set by the court, so the attachment is not a substitute for the claim - but it changes who is under pressure.
Wettelijke Handelsrente
Dutch law applies a distinct statutory commercial interest rate (wettelijke handelsrente) to B2B transactions, set higher than the ordinary statutory rate and implementing the EU Late Payment Directive at the ECB reference rate plus eight percentage points. Extrajudicial collection costs are also recoverable, and quantifying both in the first demand is standard Dutch practice rather than an aggressive move.
How Long Does a Dutch Claim Take?
| Stage | Typical Duration | Cost |
|---|---|---|
| Pre-legal demand Aanmaning, negotiation, payment plan | 2–5 weeks | Low |
| Conservatoir beslag Ex parte application, then attachment | 1–3 weeks | Medium |
| Proceedings on the merits Rechtbank or Kantonrechter | 8–18 months | High |
| Enforcement Executoriaal beslag by bailiff | 1–3 months | Medium |
The Five-Year Period
The general limitation period for a claim to performance of a contractual obligation is five years, running from the day after the claim becomes due and payable. It can be interrupted by a written demand that reserves your rights unequivocally - Dutch law recognises interruption by written notice more readily than several neighbouring systems, which makes a properly drafted demand doubly worthwhile.
How Does SXB Global Handle a Dutch Case?
We establish early whether attachment is realistic, because it reorders everything: where the debtor's bank or its own debtors can be identified, the file is worth running differently. Contact is conducted in Dutch, with statutory commercial interest and recoverable collection costs quantified. Where legal proceedings become appropriate, SXB Global coordinates the instruction of appropriately authorised local counsel. Legal services are provided by the relevant independent legal professionals.