sommatiebrief

A sommatiebrief is a formal demand letter used primarily in Dutch-speaking jurisdictions to request performance of an obligation, most commonly payment of a debt. It is a written notice sent by a creditor, business or attorney to inform the debtor that they are in default and to give them a final opportunity to remedy the breach within a specified time. The term literally means "summons letter" but does not itself institute court proceedings.

The purpose of a sommatiebrief is to document the creditor’s claim, set a clear deadline, and warn of intended consequences if the debtor fails to comply. Common contents include identification of the parties, a description of the obligation or unpaid invoice, the amount due (including interest and possible collection costs), a deadline for payment or performance, and a statement of the next steps (collection, legal proceedings or enforcement). It often uses the phrase "in gebreke stellen" (putting the debtor in default).

Although a sommatiebrief is not always legally required before filing a lawsuit, it can strengthen a creditor’s position by proving notice and the debtor’s failure to act. Send methods that provide proof of delivery—registered mail, a bailiff’s writ, or documented electronic delivery—are frequently used. Templates and legal counsel are commonly employed to ensure clarity and compliance with applicable consumer and procedural rules. A sommatiebrief is a procedural and evidentiary tool rather than an enforcement instrument; actual enforcement typically requires subsequent legal or collection actions.