My freelance client won't pay — what do I do?
Unpaid freelance invoices follow a fixed route: (1) Friendly reminder after 14 days, then formal demand letter with 14-day deadline + statutory commercial interest (8% above ECB rate). (2) No response: collections agency — often no cure no pay (10-15% of amount). With certified collections (NVI mark) client can't negotiate. (3) County court for claims up to €25,000: court fee €87 + bailiff summons (€100-150). Judgment within 4-8 weeks. (4) Bankruptcy petition for large amounts + multiple unpaid invoices: forces payment, costs ~€2,500. (5) Prevent: contract with payment term + penalty clause, advance on big jobs, invoice factoring (sell invoice to factor for 90% upfront). Geldfit Helpcheck: free advice 050-123 0000.
Step by step
- 1Send formal demand letterIn writing (email with read receipt): “Formal demand for payment of invoice [no.] of [date]. 14-day term, otherwise collections measures + statutory commercial interest.” Template at kvk.nl.
- 2Engage collections agencyNVI quality mark indicates quality (Cannock Chase, Lindorff, Intrum). Fee 10-15% on successful collection. No collection = no payment (no cure no pay). Agency handles client contact.
- 3Litigate at county courtClaims up to €25,000: county court (no lawyer required). Petition/summons via bailiff. Judgment within 4-8 weeks. On default (client absent): >90% chance of upheld claim.
- 4Execute the judgmentWith judgment: bailiff seizes bank account, salary, or assets. Costs recovered from debtor. If no recovery possible: bankruptcy petition, costs ~€2,500 but often forces upfront payment.
- 5Prevent next timeContract with payment term (30 days standard) + 10% penalty on exceedance. Advance 25-50% for big jobs. In doubt: check via KvK trade register and credit rating.
All contacts
Frequently asked questions
What is the statutory commercial interest in 2026?
8% above ECB refinancing rate (=10.5% total mid-2026). Standard charge from 30 days after invoice date. Plus €40 collection costs (Collection Costs Act).
Does collections work for small amounts (< €500)?
Often no — agencies don't always take small claims (no cure no pay profitability). Better: own demand letter + county court directly (costs €87 + €100 bailiff). Small amount, fast ruling.
Can I pause work until paid?
Yes, via “right of suspension” (art. 6:262 BW): on non-payment you can pause further work. Communicate in writing: “Work suspended until invoice paid.” Don't silently stop.
What if my client moved abroad?
Within EU: European Order for Payment procedure (costs €120, enforceable EU-wide). Outside EU: harder and costlier; only worth it for large amounts (>€5,000). Prevent with 50% advance for non-NL clients.
What if client says “invoice not received”?
Resend with read receipt. Legal delivery theory: email to work address = received. Keep send logs. Repeated “not received” argument: registered post + WhatsApp + email double-channel.
Can I withdraw work already delivered?
For graphic/code work: copyright retained until payment (specify in T&Cs). Can “withdraw” work until paid. Physical work: often not possible. Specify upfront in quote.
Sources
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