Can a debt collection agency threaten with a bailiff?

The short answer

A debt collection agency can only threaten with a bailiff after there has been a court ruling. Without a judgment, a bailiff has no authority to seize assets or take other enforcement measures. The threat is then merely intimidation and a violation of the debt collection rules. Many debt collection agencies use this threat unjustly to put pressure on debtors. You do not have to take this threat seriously as long as there is no judgment.

What does the law say?

The Bailiff Act and the Code of Civil Procedure regulate when a bailiff may act. A bailiff only has powers after a court ruling or in very specific cases. The Dutch Association of Debt Collection Companies (NVI) has established codes of conduct that prohibit unjustified threats. Violation of these rules can lead to sanctions for the debt collection agency.

What should you watch out for?

Pay close attention to the wording in letters from debt collection agencies. Often, 'legal steps' or 'bailiff' are threatened without this being justified. Always check whether a judgment has actually been rendered against you. Keep all correspondence as evidence of possible unlawful conduct.

Example from practice

Jan receives a letter from debt collection agency XYZ stating that within 7 days a bailiff will be called in for an unpaid bill of €150. Jan has never received a summons and there has been no court ruling. The debt collection agency is thereby violating the codes of conduct, as they are threatening with something they are not allowed to do without a judgment. Jan can ignore this threat and possibly file a complaint with the NVI.

What can you do?

If a debt collection agency unjustly threatens with a bailiff, you can take various steps to protect yourself.