International debt collection encompasses all legal and factual avenues to collect a claim from a foreign debtor. A foreign customer does not pay — what now? In our practice, we see entrepreneurs who wait months before taking legal action because they are unfamiliar with the procedures. Since Brussels I-bis, the EU offers efficient instruments. Acting quickly significantly increases the chance of payment.
What is at stake legally?
International debt collection requires cross-border proceedings, local enforcement, and knowledge of the debtor's legal system. Claims become time-barred, debtors move assets, and currency risks increase losses. Effective collection requires speed, the presentation of evidence, and knowledge of international treaties.
What steps do you take?
Within the EU, Regulation (EC) 1896/2006 governs the European Payment Order (EPO) for uncontested claims. Regulation (EC) 861/2007 governs the European Small Claims Procedure for claims up to 5,000 euros. Brussels I-bis (1215/2012) governs recognition and enforcement. For bank accounts, the European Account Preservation Order (Regulation 655/2014) applies. Outside the EU, bilateral treaties, the Hague Judgment Convention 2019, and local procedures apply.
What risks and costs do you face?
Prolongation of delay leads to prescription under Article 3:307 of the Dutch Civil Code (five years). Choosing the wrong route wastes costs. Failure to perform asset screening leads to unenforceable judgments. Underestimating litigation costs results in a net loss. International debt collection without local support leads to delays. Weak documentation substantially reduces the chance of success.
How did a client handle this?
We represented a Dutch exporter with a claim of 80,000 euros against a German buyer. Through an EPO procedure under Regulation 1896/2006, we obtained an enforceable title within two months. With an EAPO under Regulation 655/2014, we attached the German bank account. The debtor paid in full within four months. A traditional German procedure would have taken one to two years.
What is your first action?
Conduct a screening of the debtor and assets. Choose a route: amicable collection, EPO, traditional procedure, arbitration, or petition for insolvency. Document the claim with invoices, contracts, and correspondence. Combine with provisional attachment where possible under Section 700 of the Dutch Code of Civil Procedure. Work with local lawyers or collection agencies. Monitor the statute of limitations closely. See also our article on How to collect from a foreign debtor?