Debt Collection Process
You are a representative of a company, governmental institution, non-profit organization or you're consumer; and you have a claim. Justice offers a free registration, even for a single assignment. By registering, you can count on an efficient debt collection procedure. Justice doesn't work with subscriptions or other long-term agreements. After registration you don't owe us exclusive rights or anything else. An honest and transparent service model.
What does the course of action from registration to payment look like?
Extrajudicual procedure
Step 1: Registration
- Register with Justice using our registration form
- We will confirm your registration in an email
- In this mail we will inform you about the information and documents we will need to collect your claim
Step 2: Send documents
In order to process your debt collection with maximum efficiency and success rates, we will ask you for - if applicable - the following information:
- Your Terms and Conditions (only the first time)
- Copy of the contract with your client
- If there is no signed contract, additional information to determine how your deal has come into existence
- Invoices, email correspondence, if applicable, letters sent
- If known, information about the financial status of your debtor.
- Phone number (office and mobile), email address and all other contact information of your debtor.
You can simply send this information to us at info@justice.nl. Of course you can also send us everything by fax or postal services.
Step 3: Extrajudicial procedure
- Justice will process the claim you send us and will provide you with a confirmation
- In this conformation you will find a link and login data. This will provide you with 24/7 online access to all your case information.
- Justice will deliver every possible effort to collect your claim in the extrajudicial phase
Step 4: Payment
Full payment
- Your debtor proceeds to pay both the principle amount as the costs. You will directly receive an overview of all received amounts from us. This will specify the principle amount, debt collection fee, VAT amounts and possible other costs. If you can obliged to pay VAT, your debtor will need to pay this..
- The principle amount and paid interest will be paid to you on the same day on the bank account number you have provided to us.
- The case is successfully closed.
- Justice and yourself inform each other about received amounts
- Did your debtor pay a partial amount to us? Then we will make an intermediate payment to you, with a net deduction of costs made so far and VAT-amounts
- Justice will deliver further effort to successfully collect the remainder of your claim
Court Procedure
Step 1: Proposal
- We will send you a proposal on how to proceed in your court procedure. Although the No cure No pay concept doesn't apply to these cases, we will be able to make an attractive offer that provides guarantees on all costs involved. Read more about court procedures
- Together we will discuss the entire case with your, if and where necessary we'll of course provide all the advice you need
- You will receive an advance invoice from us for costs made (court costs etc.) Of course we will deliver every possible effort to collect these costs from your client
Step 2: Subpoena & Court Procedure
- The subpoena is a legal summary of the facts, the claim and the arguments we bring forward justifying the claim. The subpoena is then delivered to your debtor by a bailiff. But what does this actually mean?
In The Netherlands, as well as in other countries, the bailiff is the only individual legally allowed to officially deliver a subpoena. We create this subpoena and ask the bailiff to deliver it. 'Delivering' in this context means: Visiting the debtor and hand him the summoning (subpoena): If it's not possible to deliver it personally, the bailiff is allowed to leave it at the location in a closed envelope, for example in the mailbox - When the subpoena has been delivered that case is introduced with the court. During the procedure you will be referred to as Claimant (Eiser), your debtor will be called Defendant (Gedaagde). The procedure will in most cases be fully handled by exchanging written documents. Although it is possible that the Judge will order a physical meeting, this will not happen in most cases.
- In the subpoena you, as Claimant, have brought forward to what you are entitled and why you are entitled to it. Your debtor, then Defendant, is allowed to defend himself. This always has to happen before the appointed court date; in some cases a requested postponement will be approved.
- After this moment, Justice will be informed by the Court about the further proceedings:
- If your debtor (Defendant) did not react, the Court will verdict in absentia. This usually means that your claim will be awarded. Your debtor however, will have 4 weeks' time to file an appeal
- If the Defendant puts in a defense, we are able to react to this in writing. It's also possible that the defending party puts in a counterclaim.
- It's possible that the Judge want to see both parties and talk to them, ask them questions and explore the possibilities of a settlement in a physical court session. Both you and your debtor will have to be present at this session. Normally Justice - being your representative - will also be present.
- When the court procedure has come to an end, the Judge will determine his verdict and send this to all parties in the official verdict. The results are communicated between parties. If the Judge convicts your counterparty to a payment, he will receive an opportunity to pay this voluntary in a short term. As soon as Justice has received this payment on our third party bank account, the court procedure has come to an end.
Step 3: Payment
Full Payment
- You will receive a full specification from us as soon as possible. Here, you will find an overview of all amounts received. The court costs and VAT will be deducted, of course a already paid advance invoice will appear on this overview as well. If you aren't obliged to pay VAT, this will have to be paid by your debtor as well
- The principle sum and interest will be paid on the same day to the bank account number you have provided
- The case is closed
No (full) payment
If your debtor is convicted by the Court to payment, but still refuses to do so, we will order the bailiff to execute the verdict. This means that matters as properties, bank accounts, tax reserved and other income can be seized.- Does you debtor pay through the bailiff? The payment will then be dealt with in the same way as in the previous point
- The principle sum and interest will be paid on the same day to the bank account number you have provided
- The case is closed
Step 4: Special circumstances
- There are always exceptions to the rule. What happens if your debtor files for bankruptcy, his debts are being remediated or if the company ceases to exist? This could mean that nothing's left to collect. By Dutch law, a consumer can also be declared bankrupt. If one of these situations arises, we will forward your claim to the curator or trustee, making sure we're in front of the line as soon as matters are paid. Of course we will inform you as soon as anything is paid
- If your debtor has moved abroad or to an unknown destination, we are forced to close your case and create a final invoice. The verdict however, will remain standing. If the person ever shows himself again, you will still be able to collect your claim according to the verdict
- We will inform you about any other circumstances that would make it impossible to collect your claim and will try to figure out new solutions or other means of securing your claim
