Incassoprocedure

Incassoprocedure is the procedural sequence used by creditors to recover unpaid debts from a debtor. It encompasses both extrajudicial (out-of-court) actions and, if necessary, judicial proceedings and enforcement measures. The term is common in Dutch-speaking jurisdictions, where it covers the steps from initial collection efforts to possible court action and enforcement by authorities.

The extrajudicial phase typically begins with reminders or dunning letters to the debtor, sometimes followed by more formal invoices or demands. The goal is to obtain payment without involving the courts. During this phase, creditors may offer payment plans and may charge collection costs and interest within applicable legal limits, subject to consumer protection rules. Debtors can respond, dispute the claim, or request verification.

If extrajudicial efforts fail, a creditor may initiate judicial proceedings to obtain a court judgment confirming the debt. A judgment enables enforcement actions to recover the amount owed. In many systems, one or more enforcement mechanisms follow, such as wage garnishment, bank account seizure, or seizure of assets, carried out by a bailiff or enforcement officer. The exact procedures and thresholds vary by jurisdiction and whether the debt is consumer-based or business-related.

Regulatory frameworks govern fair collection practices, the levying of costs, data protection, and cross-border aspects in transnational cases. Overall, the incassoprocedure seeks to balance the creditor’s interest in recovery with the debtor’s rights and protections throughout the process.