Incassowet 2012
Debt Collection Act 2012
The Incasso Act 2012 is the Dutch legislation that sets the maximum extrajudicial collection costs and protects debtors against excessive claims.
The Incassowet 2012, officially the Act on the Standardisation of Extrajudicial Collection Costs, entered into force on 1 July 2012. The Act prescribes fixed percentages and amounts for collection costs that may be claimed extrajudicially, depending on the amount of the principal claim.
The Act is relevant in that it protects consumers and businesses against arbitrary and disproportionately high collection costs and ensures transparency and legal certainty in the collection process. Absent such standardisation, creditors and collection agencies could demand unreasonable sums.
In practice, the Act is regularly applied in the recovery of outstanding invoices, with lawyers, collection agencies and courts required to adhere strictly to the statutory rates in order to substantiate or dismiss a valid claim.
“The attorney calculated the collection costs strictly in accordance with the Incassowet 2012, so that the claim did not exceed the amount permitted by law.”
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