Client Not Paying? Your Rights as a Freelancer in Netherlands

As a freelancer in the Netherlands, you may encounter clients who don't pay their invoices. This is not only frustrating for your cash flow, but also stressful and time-consuming. Fortunately, as a self-employed professional under Dutch law, you have various legal remedies to enforce payment. You don't have to simply accept this situation.

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What's happening?

Non-payment by clients is unfortunately a common problem among freelancers. This can have various causes: the client's financial problems, dissatisfaction with the work delivered, administrative errors, or deliberately delaying payment. Some companies abuse their position of power and count on small self-employed professionals not taking legal action. However, this behaviour is unlawful under Dutch law and you can take action against it.

What does Dutch law say?

Dutch law protects freelancers against non-payment through various regulations. The most important rules are found in the Dutch Civil Code (Burgerlijk Wetboek) and the Payment and Collection Act (Wet betaling en invordering). These laws give you concrete rights to enforce payment. The Act on Combating Payment Delays (Wet bestrijding betalingsachterstanden) also provides additional protection.

1Article 6:119 BW (Dutch Civil Code): You have the right to statutory interest from the due date of your invoice

2Article 6:96 BW (Dutch Civil Code): After formal notice of default (ingebrekestelling), you can terminate the agreement and claim damages

3Payment and Collection Act: For commercial transactions, a maximum payment term of 30 days applies

What are your rights?

As a freelancer in the Netherlands, you have strong rights when your client doesn't pay. These rights apply from the moment the payment term has expired.

1Statutory interest: You automatically have the right to statutory interest from the due date of your invoice

2Collection costs: You can pass on reasonable costs for collecting your claim to the client

3Suspension of work: You may stop working until payment has been made

4Contract termination: In case of repeated non-payment, you can terminate the assignment and claim damages

What can you do now?

Follow these steps to get your money:

1Send a friendly payment reminder by email or letter to your client

2Send a formal notice of default (ingebrekestelling) with a reasonable payment deadline of 14 days

3Engage a debt collection agency or start proceedings at the district court (kantonrechter) for amounts up to €25,000

4Consider legal assistance from a lawyer for complex cases or high amounts

Template letter or example

MijnRecht.AI can help you draft an effective payment reminder or formal notice of default. Our templates ensure you comply with all legal requirements under Dutch law and make a professional impression on your client.

Where can you get help?

For support with non-payment in the Netherlands, you can contact the Legal Counter (Juridisch Loket) for free advice, the district court (kantonrechter) for a relatively simple procedure, or a debt collection agency that will handle the file for you. For more complex cases, it's wise to consult a lawyer who specialises in commercial law.

Conclusion

Non-payment by clients is frustrating, but you don't have to accept it. With the right legal steps under Dutch law, you can in most cases still enforce payment. The sooner you take action, the greater the chance of a successful outcome.

Frequently Asked Questions

How long may a client take to pay in the Netherlands?

Can I charge statutory interest on my outstanding invoice?

May I stop working if my client doesn't pay?

What does it cost to go to court in the Netherlands?

Can I pass on collection costs to my client?

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