Business law

Dutch law offers you several options for collecting outstanding invoices. Of course, you can send demand letters, but if those do not help, you can take the matter to court. You can also seize assets or file for bankruptcy. It is important that you build a good case file covering 1. the amount of the claim, 2. all relevant correspondence and supporting documents such as invoices and delivery notes, and 3. the attempts to collect the debt without the intervention of the court. With this information, we can advise you on your chances in legal proceedings.

You can always demand fulfilment of an agreement or request compensation. In addition to the agreement you have made with your supplier, this often also follows from the general terms and conditions that apply to the agreement. It is important that you can provide sufficient substantiation regarding the amount of the claim, the goods you ordered and the consequences of the incorrect delivery. If you send us that information, we can make a good assessment of your chances and develop a strategy with you. Of course, we will first have to determine whether Dutch law applies.

A creditor agreement or a debt cancellation arrangement may be a possibility to restructure business debts. A creditor agreement can even be enforced by a judge, provided the conditions are met, in a so-called WHOA procedure. It is important that you can sufficiently demonstrate that the company that wants to restructure its debts has a good chance of continuity and that the creditors are being offered sufficient in the context of a restructuring. We will gladly advise you on the steps to take and the strategy to follow.

Every bank in the Netherlands has the right to terminate a banking relationship. However, it must comply with certain rules. The duration, size and course of the credit relationship, for example, play a role, as does a decrease in creditworthiness or an increase in banking credit risk. Our specialists can use your case to determine what the bank could have done or whether the bank violated standards of due care. If it appears that the bank did not act correctly, we can help you take legal action against the bank to keep your account. We can also assist you in filing complaints about the actions of a bank with the Complaints Institute KIFID.