Litigation isn’t always the quickest or most profitable path. When a debtor is willing but temporarily unable to pay, a tightly drafted payment plan can be the shortest route to recovery. It reduces cost, keeps the relationship workable, and creates predictable cash flow—if you lock in the legal and operational fundamentals.
When to choose a plan (and when not to)
A plan makes sense when the claim is solid, the debtor is willing to pay, and there is a stable source of funds (salary, revenue, financing). If there’s real flight-risk or unwillingness, litigation (and if appropriate: attachment) may be better. In practice, we combine both: a plan backed by leverage delivers results fastest.
The building blocks of a high-performing plan
Start with a clear acknowledgment of debt and the precise balance (principal, interest, recoverable collection costs where applicable). Fix a schedule with real dates and tie it to an automatic payment method (SEPA mandate or standing order). Add security if available—personal guarantee, pledge over receivables/stock, or confirmation of retention of title. Include a firm acceleration clause: after one or two missed instalments, the remainder becomes immediately due. Keep communications short and consistent, and stipulate that changes are only valid in writing. Avoid future disputes by stating there is no novation unless clearly intended and by limiting set-off.
Interest and costs (consumer vs business)
For consumers, Dutch WIK/BIK rules apply. Ensure a compliant 14-day letter before charging collection costs and be transparent about amounts and interest. For B2B, statutory commercial interest and agreed extrajudicial costs are typically recoverable. In both cases, include the calculation in the plan to avoid later debate.
Common pitfalls (and how we prevent them)
Vague promises (“ASAP”), missing acknowledgment, no acceleration clause, and no automation are classic failure points. Another is letting the first missed instalment slide. Our execution is strict: plain language, fixed dates, automated collection where possible, and a ready-to-use escalation step.
Sample clauses (EN) — adapt to your case
These are general samples; tailor them to your facts and consult counsel where needed.
Acknowledgment & balance
“The Debtor unconditionally acknowledges that, as of [date], it owes Creditor the sum of € [amount] in principal under [agreement/invoices], plus [statutory/contractual commercial interest at …% p.a.] from [date] until full payment, and extrajudicial collection costs as permitted by Dutch law (including, where applicable, the Dutch ‘WIK/BIK’ rules).”
Schedule & payment method
“Debtor shall pay in [number] instalments of € [amount] each, due on [dates], via SEPA direct debit/standing order. Debtor grants a SEPA mandate and shall ensure sufficient funds.”
Acceleration on default
“In case of non-payment of [one/two] instalment(s), the entire remaining balance becomes immediately due and payable without further notice of default, and Creditor may proceed with enforcement.”
Security (example guarantee/pledge)
“As security for performance, Debtor provides a [personal guarantee for € … / undisclosed pledge over (present and future) receivables]. Debtor shall execute all documents required for valid creation and registration.”
No novation, no waiver
“This plan does not constitute novation of the debt. All rights of Creditor, including the right to interest and costs, remain unaffected.”
Communications & changes
“Any change requires written agreement by both parties. Notices shall be sent via [email/portal].”
Execution that keeps payments flowing
A plan succeeds on execution. We link due dates to automated charges where possible and set a reminder rhythm aligned with the schedule. Each payment gets a short receipt; each miss triggers a same-day follow-up referencing the acceleration clause. That keeps momentum high and fall-off low.
Pre-signature checklist
Is the debt acknowledged and the balance exact? Are dates realistic and linked to an automatic method? Is security in place? Are acceleration, interest and costs correctly stated? Does the plan exclude novation? Are communications and change control clear?
Call to action
Want a plan that actually pays? We draft and implement a tailored agreement with automation and back-up measures. Message us via WhatsApp, call or email, or use the form—we’ll assess your file today and propose the fastest path to cash.