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Notice Of Late Payment Template for Netherlands

A Notice of Late Payment under Dutch law (ingebrekestelling) is a formal written document sent by a creditor to a debtor who has failed to pay an invoice or other financial obligation by its due date. This document serves as an official reminder and demand for payment, complying with the requirements of the Dutch Civil Code and the EU Late Payment Directive. It includes specific details about the outstanding amount, payment terms, applicable statutory interest, and potential collection costs. The notice also serves as a legal prerequisite for further debt collection actions and must contain certain mandatory elements to be legally valid in the Netherlands.

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What is a Notice Of Late Payment?

The Notice of Late Payment is a crucial business document used when a debtor has failed to meet their payment obligations by the agreed-upon due date. Under Dutch law, this document serves as a formal ingebrekestelling (notice of default) and is often a necessary legal step before pursuing further collection measures or legal action. The notice must include specific information such as invoice details, the outstanding amount, payment deadline, and consequences of non-payment, including statutory interest and collection costs as permitted under Dutch legislation. It's particularly important as it establishes a clear record of payment demand and can be used as evidence in legal proceedings. The document must comply with the Dutch Civil Code and the EU Late Payment Directive, making it essential to follow proper legal formatting and content requirements.

What sections should be included in a Notice Of Late Payment?

1. Sender Details: Full company name, address, and contact information of the creditor

2. Recipient Details: Full company name, address of the debtor, including relevant reference numbers

3. Date: Current date of the notice

4. Subject Line: Clear indication that this is a late payment notice with reference numbers

5. Invoice Reference: Details of the unpaid invoice(s) including invoice numbers, dates, and amounts

6. Payment Demand: Clear statement of the total amount due and deadline for payment

7. Legal Consequences: Statement of statutory interest and collection costs that will be charged as per Dutch law

8. Payment Instructions: Bank account details and reference information for making the payment

What sections are optional to include in a Notice Of Late Payment?

1. Payment History: Include when there have been partial payments or previous payment arrangements

2. Previous Communications: Reference to prior reminders or communications when this is not the first notice

3. Commercial Relationship: Include when wanting to maintain a positive business relationship despite the payment issue

4. Settlement Offer: Include when willing to discuss payment arrangements or settlements

5. Legal Proceedings Warning: Include in final notices before legal action, typically after previous notices have been sent

What schedules should be included in a Notice Of Late Payment?

1. Invoice Copy: Attachment of the original unpaid invoice(s)

2. Statement of Account: Detailed overview of all outstanding amounts, including any partial payments

3. Interest Calculation: Detailed calculation of statutory interest as per Dutch law requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Netherlands

Publisher

Ƶ

Document Type

Notice of Rent Due

Cost

Free to use

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