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Extrajudicial Collection of Costs (BIK)

This is a print of a page on Rechtspraak.nl. Look for the most up-to-date information on Rechtspraak.nl (http://www.rechtspraak.nl). This page is printed on 01-01-1970.

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What are collection costs?

Collection costs are the costs that creditors have to pay in order to recover a monetary claim when a debtor does not voluntarily repay the debt. These costs are ultimately passed on to the debtor. This graduated scale for collection costs applies to both the subdistrict and civil areas of law.

 

 

BIK on and as of 1 July 2012

Owing to the Extrajudicial Collection Costs (Standards) Act and the associated Ruling, as of 1 July 2012 the extrajudicial collection costs are now calculated according to a graduated scale and are limited to a maximum amount. The purpose of the law is primarily to protect consumers and sole traders against unreasonably high collection costs.

 

Percentage of the amount payable

As of 1 July 2012, compensation for collection costs in civil awards is calculated as a percentage of the sum owed by the debtor to the creditor. The larger the claim, the lower the percentage:

  • The minimum BIK amount is €40
  • The maximum BIK amount is €6,775

Proceedings

The standard applies to proceedings in which the debtor, on or after 1 July 2012, is in default and the principal sum claimed is founded on:

  • an obligation arising from an agreement to pay a sum of money, or
  • an obligation to pay compensation for damages, recorded in a settlement agreement, or
  • an obligation to pay a sum of money converted into an obligation to pay alternative compensation within the meaning of Section 6:87 of the Dutch Civil Code.

Applicability

If the debtor is a consumer, the parties are required to use this method of calculation to establish the compensation for collection costs for monetary claims arising from an agreement. If the debtor is not a consumer, but is acting in the execution of a profession or a company, it is possible to agree to deviate from the statutory standard for collection costs. If no arrangements have been made regarding collection costs, the statutory regulations for collection costs apply.

 

 

Graduated scale

Principal sum up to and includingApplicable percentageMaximum
€ 2.50015% on the principal€ 375 (min. € 40)
€ 5.000€ 375 + 10% on (principal - € 2.500)€ 625
€ 10.000€ 625 + 5% on (principal - € 5.000)€ 875
€ 200.000€ 875 + 1% on (principal - € 10.000)€ 2.775
Over € 200.000€ 2.775 + 0,5% on (principal - €200,000)€ 6.775

 

 

Information from before 1 July 2012 is available in the online archive at rechtspraak.nl.
This site is best accessed from a computer, laptop or tablet.

 

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