Cross-border debt collection in Germany: tips & tricks

Collection procedure in the Netherlands

In an earlier article we told you more about the collection options in Germany . However, apart from the Mahnverfahren and the Klageverfahren, you also have other options to collect outstanding claims against a German party. You can read more about these options in this article.

In some cases it is possible to start a collection procedure in the Netherlands. This is possible, for example, if you have carried out work in the Netherlands or if the agreement or applicable general terms and conditions state that the Dutch court has jurisdiction. You can then initiate summary collection proceedings or ask the judge to allow a prejudgment attachment.

Is the Dutch court not competent in your case? For example, because you have done business through your German GmbH and German law applies? It may then still be possible to litigate in the Netherlands, for example by ceding (transferring) the claim to a Dutch party that can initiate Dutch proceedings.

European order for payment

You can only submit a request for a European order for payment to the court in The Hague. All other courts in the Netherlands have no jurisdiction. You do this with a special form .

You must meet a number of conditions. For example, there must be a cross-border and undisputed civil or commercial claim. In addition, the amount must be specified and it may only concern a collection (there is no room for other claims).

If the judge has issued the European payment order, your debtor must be informed of this. Does he disagree with this order? He then has a period of 30 days (after service) to submit a statement of defense. The order is then enforceable and you can start enforcement in Germany.

European bank seizure

In our previous article we told you that in Germany, unlike in the Netherlands, it is virtually impossible to make a conservatorship attachment. You can, however, ask the Dutch court (if it has jurisdiction) to order an international bank seizure. A model form is also available for this.

A stricter standard applies here than for the Dutch prejudgment attachment: you must be able to demonstrate that you run a real risk that, without the attachment, you will be unable or difficult to collect the claim later.