What if my client doesn't pay my invoice?
If your client doesn't pay your invoice, you can send a reminder, followed by a notice of default with a final payment deadline. After that, you can engage a debt collection agency or take legal action. It's important to act quickly, as good cash flow is crucial for your business as a freelancer.
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The short answer
Start with a friendly reminder by email or letter referring to the outstanding invoice. If that doesn't help, send a formal notice of default with a final payment deadline of, for example, 14 days. If you still don't receive payment, you can engage a debt collection agency or take the matter to the subdistrict court yourself. You can usually recover the costs from the reluctant client. Always make sure your payment terms are clearly laid down in your contract or on your invoice.
What does the law say?
The Dutch Civil Code gives you as a creditor strong rights when a debtor does not pay. Your client is in default when they exceed the payment term, but a notice of default strengthens your legal position. From that moment on, you can charge statutory interest and recover costs. The law states that payments must be made within 30 days, unless otherwise agreed. With persistent refusers, you can have their assets or bank account seized.
What should you pay attention to?
Make sure your invoices are correct and contain all the necessary information such as your Chamber of Commerce number and VAT number. Carefully document all your communication about the outstanding payment, as you will need this as evidence later. Be aware that you should not continue to work for a client who consistently pays late. Also check if your client has not gone bankrupt, as that makes collection much more difficult.
Practical example
Freelancer Maria has built a website for a small business, but the €2,500 invoice has not been paid for two months. She first sends a friendly reminder, but receives no response. She then sends a notice of default by registered mail with a 14-day payment deadline. When there is still no payment, she engages a debt collection agency. The company eventually pays after three weeks, including the €350 collection costs and statutory interest. Thanks to her professional approach, Maria ultimately received her full claim plus costs.
What can you do?
Follow a step-by-step approach for the best chance of successfully collecting your claim.
Conclusion
Non-paying clients are frustrating, but you have strong legal means to claim your money. By acting professionally and step-by-step, you significantly increase the chance of successful collection.
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