Can I Dispute a Debt with a Debt Collection Agency?

The Short Answer

You always have the right to dispute a debt, even if it is being collected by a debt collection agency. By sending a written dispute, you shift the burden of proof to the debt collection agency - they have to prove that the debt exists and is legitimate. The debt collection agency may not take further collection steps until they have provided sufficient evidence. This gives you time to investigate the situation and possibly seek legal assistance. A dispute can lead to the termination of the collection or a settlement.

What Does the Law Say?

The Debt Collection Costs Act and the Dutch Civil Code give you strong rights when disputing debts. According to Article 6:162 of the Dutch Civil Code, the party who asserts a claim must be able to prove it. The debt collection agency is acting on behalf of the original creditor and must therefore prove that the debt exists, the correct amount is owed, and the debt is not time-barred. In the case of a valid dispute, no additional collection costs may be charged.

What Should You Pay Attention To?

Always dispute in writing and keep all correspondence well. Do this as soon as possible after receiving the collection letter, but know that there is no legal deadline. Be aware that the debt collection agency often acts on behalf of another party, so always ask for proof of the original agreement or invoice.

Example from Practice

Maria receives a collection letter for €450 for a mobile phone subscription that she claims she never signed up for. She immediately sends a written dispute asking for proof of the contract and invoices. The debt collection agency can only provide a copy of an online order without a signature or further verification. Maria continues to dispute the debt because the evidence is insufficient. Eventually, the debt collection agency withdraws the claim because they cannot prove the debt. Maria doesn't have to pay anything, and no further collection costs are added.

What Can You Do?

Follow these steps to successfully dispute a debt and protect yourself against unwarranted claims.