Legal payment term letter from debt collection agency?


Questioner

On January 5, I received a letter from the NLAI with a request to pay my ex overdue alimony for 2023. In the letter I see that the agency also charges collection costs, but is this legally allowed? I am also expected to pay the outstanding amount within 5 days. Is this legally allowed?

Lawyer

If you have received a letter from a debt collection agency regarding outstanding alimony payments, there are a number of things you should take into account. First of all, the collection costs. According to the Debt Collection Costs Act (WIK), collection costs may only be charged after you have received a reminder and have subsequently failed to pay within the set term of at least 14 days. The reminder must clearly state what the principal amount is (the amount you originally owed, excluding interest and collection costs) and what the amount would be if you had not paid the full amount after the 14 days had elapsed. Regarding the payment term, this is standard 14 days after receipt of the reminder according to the WIK. If the letter asks for payment within 5 days, this is contrary to the statutory term of at least 14 days. You may consider hiring a lawyer or attorney for this. They can guide you through the process and possibly respond to the collection agency if they do not comply with the legal regulations. Please note that you act quickly in this case, to avoid further collection costs and legal procedures. I recommend that you speak to the collection agency to clear up any misunderstandings. It may also be useful to contact your ex or their lawyer to confirm that the claim is legitimate and not based on a misunderstanding. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

Neem de volgende stap

Blijf niet rondlopen met vragen over je situatie. Stel je vraag en krijg persoonlijk antwoord van een ervaren jurist.
Privacy is gewaarborgd.