You have a debt

u hebt een schuld

You have a unpaid debt and your creditor has enabled a bailiff to make you pay.

Who is the bailiff and what does he do?

The bailiff is a public official, which is appointed by the Crown. His official duty consists out of the summoning of people to appear in court, the so called serving. He also performs legal summations and warrants. A summation or warrant states what you have to pay and why you are sentenced to it.
To make sure you don’t ignore the warrant or summation, someone is appointed to, if needed, exert pressure. That someone is the bailiff. If the warrant or summation is not sufficed, the bailiff can seize your salary, house or possessions. That way the debt will still be paid.

It’s also the job of the bailiff to show you what your best options are in the case of a warrant or summons of writ.

  • Click hier if you received a reminder from a bailiff
  • Click here if the bailiff has visited you
  • Click here if you want to pay now

You receive a reminder

Swier cs has sent you a reminder, because our client claims that you have a debt. The reminder is sent with the purpose to give you the opportunity to pay the full debt, including costs and interest, without having to go into a legal procedure. Below is described what you need to do to handle it good and swiftly.

 

What now?

  1. You agree with the claim
    You agree with the claim and will pay the full debt, including costs and interest, within the given term. If you want to use iDeal to pay, please click here. Don’t forget to mention the filenumber. You will find it on the reminder.
  2. You don’t agree with the claim
    Send a defense through mail, fax or email to our office. Our address information can be found at the side of the reminder. Don’t forget to mention the filenumber. Click here if you would like to send your defense through email and don’t forget to mention the filenumber.
  3. You do agree with the claim but can’t pay it in one term
    Sometimes it’s possible to come to a payment settlement which let you pay in terms. To estimate if you’re eligible, you can request a payment settlement here.
    We only admit fully filled in forms. A payment settlement isn’t always granted and depends on the amount, the sort of claim, your income and the desire of our client. You will receive a notice from us within 5 days after your request.

Still have any questions? You can mail them or call us: +31 20 416 53 41.

 

The bailiff has visited you

swier

The bailiff has paid you a visit and left a packet of important papers. Below is described what you might have received.

You received a summons

The dagvaarding is recognizable from the word: “Gedagvaard” on page 1.

  • What does this mean?

Our client has a claim for you, which has not yet been paid and which you are being served for. This means you’ll have to appear in court. On page 1 it says when and at what time. The judge will then decide whether the claim is just. If so, the judge will sentence you to payment.

  • What can I do?

There are a number of possibilities.

  1. You agree with the claim and want to pay
    On the final page of the summons you can find the total amount which you need to transfer to stop the case from appearing in court. On this page it also says in what term you need to pay.
    If you want to pay now, please click here. Don’t forget to mention your filenumber. You will find it on the left top of the first page. By payment you will safe yourself the costs for registry.
  2. You do agree with the claim but can’t pay it in one term
    Sometimes it’s possible to come to a payment settlement which let you pay in terms. To estimate if you’re eligible, you can request a payment settlement here.
    We only admit fully filled in forms. A payment settlement isn’t always granted and depends on the amount, the sort of claim, your income and the desire of our client. You will receive a notice from us within 5 days after your request.
    Alert! The request for a settlement, or the making of a settlement doesn’t stop the hearing. Your case will appear in front of a judge and there will be a sentence. The extra costs from registry will come on top of the claim. However, the given sentence will not be handled if you hold on to the conditions in the settlement.
  3. You don’t agree with the claim and want to plea a defense
    There are several ways to defend yourself. If you been served before court, subdistrict, then you can defend yourself. You don’t need a lawyer. You can defend yourself oral or written. Written defense must be in court 1 day before the hearing. The address information for the defense are mentioned on the first page. For an oral defense you’ll need to appear in court on the given time and date.
    The address information for court are in the summons. If you have been served before court, not subdistrict, you’ll need to hire an attorney.

 

  • Am I obligated to go to the hearing?

You don’t have to go to the hearing. The judge will then sentence an absentia. That means that the judge will assign the claim as written in the summons.

You received a verdict

 

The bailiff has visited you and left a verdict. You will recognice the verdict by the words: “In naam der Koningin”.

  • What does this mean?

You received a verdict because the judge has sentenced you to pay an amount. The bailiff left the verdict for you personally to make sure you are aware of it.

  • What can I do?

There are a number of possibilities:

  1. You agree with the claim and want to pay
    On the final page of the dagvaarding you can find the Total amount which you need to transfer to stop the case from appearing in court. On this page it also says in what term you need to pay.
    If you want to pay now, please click here. Don’t forget to mention your filenumber. You will find it on the left top of the first page. By payment you will safe yourself the costs for registry.
  2. You do agree with the claim but can’t pay it in one term
    Sometimes it’s possible to come to a payment settlement which let you pay in terms. To estimate if you’re eligible, you can request a payment settlement here. We only admit fully filled in forms. A payment settlement isn’t always granted and depends on the amount, the sort of claim, your income and the desire of our client. You will receive a notice from us within 5 days after your request.
  3. You don’t agree with the claim and want to plea a defense
    There are the following possibilities.
    – You haven’t been to court and still want to plea a defense against the claim. Then you will have to create a “verzetdagvaarding” within 4 weeks. Our advice is to have a lawyer assist you with that.
    You were present at the hearing. You plead a defense and the claim is more than 1.750, -. You have the possibility to appeal within 3 months after the sentence of the judge. You will need to hire a lawyer for this.
    – You were present at the hearing. You plead a defense and the claim is less than € 1.750, -.
    Unfortunately there is nothing you can do against the sentence. You will have to pay. Choose one of the above possibilities, to prevent even more costs.

 

Alert: If you don’t pay the claim, the bailiff will investigate the possibilities to still get the claim paid. All extra costs will be on your account.

There has been a confiscation

De gerechtsdeurwaarder is langs geweest en heeft papieren achtergelaten waarop staat dat er beslag is gelegd. U herkent dit aan de term: “Beslag Exploot”.

  • What does this mean

The bailiff has visited you and left papers which say that there’s been a confiscation. You will recognize it by the term: “Beslag Exploot”.
What does this mean?
The bailiff has informed you that he confiscated assets that you own, or belong to you with the purpose of paying the claim. Below you will find the most common confiscations.

  1. Seize of income
    Your income has been confiscated. This means that a part of it will be restrained, depending on your personal situation, to pay the claim. You have the right to a seizure-free rate. That is the part of your income that can’t be confiscated. Click here for the calculation of the seizure-free rate.
  2. Seize of property
    There has been a partial or entire seize of your property. This can be house, apartment or boat etc. The bailiff has the right to auction your property and use the proceeds to pay the outstanding debt. To prevent the auctioning of your property, you’ll need to pay the outstanding claim. Click here to directly pay the debt.
  3. Seize of Furniture
    There has been a seizure of your furniture or a part of it. In the left behind papers is mentioned when the confiscated items/furniture will be sold. To prevent the acutioning of your property, you’ll need to pay the outstanding claim. Click here to directly pay the debt.

There are other seizes possible. If your seize isn’t mentioned, you can call us: +31 20 – 416 53 41 or send an email

I want to pay

  • Ideal:

You can pay directly with iDeal. Click here.

  • Payment by bank:

You can transfer the money to account NL97ABNA 051.43.12.505 name of Swier cs Gerechtsdeurwaarders BV in Amsterdam. Don’t forget to mention your file number.

  • In cash or PIN at our establishment:

Click here for our address information.

  • Payment settlement:

It is sometimes possible to make a payment settlement in which the debt can be paid in terms.
To estimate if you’re eligible, you can request a payment settlement here. We only admit fully filled in forms. A payment settlement isn’t always granted and depends on the amount, the sort of claim, your income and the desire of our client. You will receive a notice from us within 5 days after your request

Debt assistance

Below mentioned organizations can help you with your depts:

  1. Bureau voor Rechtshulp
  2. Nibud
  3. Nederlandse Vereniging van Volkskrediet

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