Debt collection through court proceedings or with bailiff assistance
If you decide to seek debt recovery through court or with bailiff assistance, you will have to submit your claim for the overdue payment to a court/dispute committee or directly to a bailiff’s office in order to obtain grounds for enforcement. You can usually bring your debt collection claim to the court or dispute committee just 15–16 days after the due date stated on the initial invoice. Compared to debt recovery through debt collection agencies, the proceedings would unfold as follows:
- The payment of an invoice is due on a specific date.
- A day after the due date indicated on the invoice, you send the following warning letter to the debtor: “WARNING NOTICE BEFORE THE INITIATION OF LEGAL DEBT RECOVERY INCLUDING SEIZURE OF ASSETS PURSUANT TO ARTICLES 4–18 AND ARTICLES 4–19 OF THE ENFORCEMENT ACT” (a sample letter is available in the section entitled “Have an unpaid invoice?”). The time limit for the payment must be at least 14 days.
- After 15–16 days have passed since the due date, this request may be submitted to a court, a dispute committee or a bailiff’s office.