What is a claim?

A claim is a legal right that a creditor has against another party to receive a certain performance. This usually involves a sum of money, but a claim can also consist of goods or services. The debtor is obliged to deliver this performance within an agreed-upon term.

Example: A company delivers goods to a customer on credit. The invoice with a payment term of 30 days constitutes a claim held by the company against this customer.

Types of claims

Claims can be classified into different categories. The most common are:

1. Monetary claims: A monetary claim is a demand for a sum of money. This can arise from a contract, loan, or invoice. Example: A collection agency claims an outstanding invoice from a debtor.
2. Damage claims: A damage claim arises when someone has suffered damage and demands financial compensation for it. Example: A motorist demands compensation after a traffic accident.
3. Claims from tort: These are claims based on damage caused without a contractual relationship. Example: Someone accidentally breaks a shop's window. The shopkeeper claims the repair costs.
4. Claims from contract: These claims arise from agreements in a contract. Example: A tenant does not pay rent on time, giving the landlord a claim against the tenant.

How does a claim arise?

A claim can arise in various ways. For example, through:

• A contract: An agreement in which a party is obligated to make a payment or perform a delivery.
• A law: For example, compensation based on liability law.
• A judgment: A court ruling that obligates a party to pay.

How is a claim collected?

A claim can be collected in various ways:

Amicable collection

With amicable collection, a creditor attempts to collect the claim without the intervention of a judge. The creditor often works with a collection agency for this. The collection agency is specialized in collecting unpaid invoices and acts on behalf of the creditor to get the claim paid by the debtor.

Legal collection

If a debtor does not pay voluntarily, the creditor can obtain a judgment through the court. For this, a legal procedure is initiated to enforce payment of the claim. If the judge grants the creditor's claim, the judgment states that the claim must be paid. If necessary, a bailiff can use this judgment to seize wages, bank balances, or assets of the debtor.

Statutory limitation of a claim

A claim has a statutory limitation period (verjaring). For most claims, a limitation period of 5 years applies. After this period, the debtor can no longer be legally compelled to pay. The debtor's debt has not disappeared, but enforcing a payment is no longer possible. Fortunately for entrepreneurs, there is also a way to prevent the limitation of an invoice, known as interrupting the limitation period (stuiten).

Frequently asked questions about claims

When is a claim due and payable?

A claim is due and payable as soon as the agreed payment term has expired. As soon as this period has passed, the creditor may transfer the claim to a collection agency to have the invoice collected.

Can a claim be transferred?

Yes, a claim can be transferred to, for example, a collection agency. Note! If the customer is a private individual, a final reminder (WIK-letter) must always be sent first.

What happens in the event of the debtor's bankruptcy?

In the event of bankruptcy, the claim is submitted to the bankruptcy trustee (curator). The trustee determines the order in which creditors are paid with the remaining assets of the bankrupt party.

Take action in time!

A claim is a legal right to a performance, usually a sum of money. Creditors can collect claims amicably or through legal means. By taking action in time, the chance of successful collection can be increased. Therefore, do not wait too long to transfer a claim. With incasso.nl, more than 90% of payment arrears are resolved without court intervention. Create a free account and submit your invoices immediately!