Liability for Debts: Get Legal Help

Questioner

I am looking for a good legal letter in which I hold someone liable for the debts incurred. It concerns a joint flexible credit of an x ​​amount. For which we are both primarily liable. However, I have taken the entire debt (through threats). I must hold her liable for her part.

Lawyer

Good morning, what is the amount? I can write such a letter for you if you wish. There are of course costs involved, but they will not be very high.

Lawyer

So you have paid off the debt and now want to hold the co-debtor liable 'internally'. You can do this quite easily yourself by writing a letter in which you hold her liable for her share of the debt. You can indicate that you are entitled to her share of the debt (at least, the part of her share paid by you) on the basis of article 6:10 paragraph 2 of the Dutch Civil Code. Have security rights been provided for the debt? You may then want to include in your letter that you are taking the place of the creditor by subrogation on the basis of article 6:12 of the Dutch Civil Code. You could write a letter yourself. You could also use some help with this by hiring a lawyer. Try it yourself first. If you succeed, you will be done without too many extra costs. If you do not succeed, hiring a lawyer is a good idea, depending on the amount of the claim. Please make sure that your letter is as clear as possible. Mr van den Bosch raises a good point. After all, if the claim is higher than 25,000 euros, you cannot go to the subdistrict court, and any proceedings will incur higher costs. In addition, it is always questionable whether the legal costs cover the claim.