Sending a formal notice: the complete guide for entrepreneurs

When the payment term of an invoice has expired, you, as an entrepreneur, likely want to take action quickly without jeopardizing the relationship with your customer. Before engaging an external partner like incasso.nl, sending a proper reminder is a crucial step. But how do you write a reminder that complies with all laws and regulations? And what is the difference between a normal payment reminder and a notice of default? In this complete explanation, we will guide you step by step through how to send an effective payment reminder yourself.

What is a payment reminder?

A payment reminder (aanmaning) is a formal written request for payment with which a creditor notifies a customer that they are in default due to non-payment. With this message, you give the customer one final, clear deadline to settle the outstanding amount. The purpose of a reminder is twofold. First, it is a compelling message to get the invoice paid. Second, it is a mandatory requirement should you wish to engage a collection agency later.

Essentially, the reminder acts as the formal bridge to what is known as "default" (verzuim). This is legally established in Article 6:82 of the Dutch Civil Code. As long as a customer is not officially in default, you cannot claim compensation such as statutory interest and extrajudicial collection costs.

What is the difference between a reminder, a payment reminder (aanmaning), a notice of default, and a formal demand?

In practice, different terms are often mistakenly lumped together. However, legally speaking, they carry very different weights and functions within a collection trajectory.

To understand which phase of the collection process you are in, it is important to know the differences and nuances. The table below clearly shows the differences between these notices:

Do you want to know more about the specific use of these messages? Read our comprehensive explanation on drafting a notice of default or check when a formal demand is necessary.

What deadline should I provide in a payment reminder (aanmaning)?

When sending a payment reminder, the payment term mentioned is not just a strategic choice; it is often a legal obligation. The law makes a sharp distinction based on the type of customer.

Payment term for consumers (B2C)

If you do business with private customers, you are legally required to give the customer a minimum term of 14 days to settle an invoice without extra costs. This term is established in the Collection Costs Act (Wet Incassokosten - WIK).

Note! The 14-day term only starts on the day the reminder is received by your customer. Are you sending the reminder by regular mail? Account for a few days of delivery time and mention this explicitly in the letter to prevent the reminder from being declared invalid.

Payment term for business customers (B2B)

With business customers (SME, freelancer, or large enterprise), you have slightly more freedom in determining the payment term. The law states that you must offer B2B customers a "reasonable term." In practice, this usually means a term of 7 to 14 days.

If specific agreements regarding default have been made in your general terms and conditions or the agreement with the customer, this term could potentially be even shorter.

The mandatory WIK-letter for consumers

If you send a payment reminder to a private customer, this reminder is not just any message. Legally, this reminder can be considered a WIK-letter. The Collection Costs Act (WIK) stipulates that a private customer must first receive one last chance to settle a payment arrears without extra costs. Only after sending this 14-day letter may you engage a collection partner and charge extra costs.

Skipping or incorrectly drafting a WIK-letter can have major consequences. If the message does not meet all the rules, collection costs may not be passed on to the customer. Therefore, ensure you know exactly what conditions this mandatory reminder must meet.

Be sure to read the comprehensive explanation about the WIK-letter.

Am I allowed to announce collection costs in a payment reminder?

Yes. Not only is it permitted to announce collection costs in a payment reminder, but for consumers, it is actually mandatory. The amount of these costs is legally established in scales. For business customers, you are not obligated to follow the scales used for B2C customers. Furthermore, you may engage a collection partner such as incasso.nl immediately after the payment term has expired.

Frequently asked questions about payment reminders

View the answers below to common questions about sending payment reminders.

Is a payment reminder via email just as legally valid as one by post?

Certainly. Sending a payment reminder via email is legally fully valid. The law tells entrepreneurs that they must send a written message, which can be either a physical letter or an email. Should it lead to a lawsuit, the responsibility to prove that your customer received the email lies with you. For disputed claims or large amounts, it is recommended to send a payment reminder via both email and registered mail.

What is the minimum response time I must give?

For private customers, the minimum response time is legally set at 14 days after receipt of the message. For business customers, there is no hard statutory minimum term, but a term of 7 to 14 days is customary.

Must a payment reminder always contain the word 'aanmaning' (reminder)?

No. The title at the top of the letter is essentially not decisive for its legal status. It is primarily about the content and intent of the text. The letter must clearly convey that there is a payment arrears for which one final chance is being offered to pay without extra costs.

To avoid confusion, it is highly recommended to clearly communicate the term Aanmaning at the top of the message.

How many reminders must I send before engaging a collection agency?

Legally speaking, one correct payment reminder is sufficient to inform a customer properly before you may start a collection procedure. It is a myth that you are required to send three or four reminders. As an entrepreneur, you often lose valuable time by doing so, because generally speaking: the newer the invoice, the greater the chance it will be paid quickly.

Note! It is often advisable to send a payment reminder prior to a formal demand. This reminder is often a friendly reminder, as the invoice may simply have escaped your customer's attention.