Late Payment Law in Netherlands

What you're legally owed

When a B2B invoice goes unpaid in Netherlands, the governing statute is Burgerlijk Wetboek Book 6, Art. 119a/119b (transposing EU Directive 2011/7). It gives freelancers and small suppliers automatic rights to statutory interest and a flat compensation fee on every overdue invoice — no contract clause required.

Statutory interest

ECB refinancing rate + 8 percentage points (B2B)

~10.65% per year in early 2026

Flat compensation fee

€40

vergoeding voor incassokosten

Default payment term

30 days from receipt of invoice; max 60 days B2B

Public sector max

30 days

These amounts accrue automatically from the day after the invoice due date. You do not need a contract clause to invoke them — the statute creates the right directly. A contract can set a higher rate, but not a lower one.

How to enforce it in Netherlands

The primary enforcement path for freelancers in Netherlands is the Incassoprocedure (Kantonrechter).

For debts up to €25,000, file directly at the Kantonrechter (subdistrict court) without a lawyer. Fees start at €87 for small debts. Uncontested cases typically reach judgment in 6–10 weeks.

Small claims limit: €25,000 (Kantonrechter jurisdiction).

Official portal: www.rechtspraak.nl

What to do this week

1. Add a late-fee clause citing BW 6:119a to your contract template. Use the freelance contract template as a starting point.
2. Add one line to your invoice footer: “Late payments accrue interest under BW 6:119a at ECB refinancing rate + 8 percentage points (B2B), plus a €40 vergoeding voor incassokosten.”
3. When an invoice goes overdue, use the free late-fee calculator to get the exact amount owed, then send a formal demand letter citing the statute. The demand letter guide walks through exactly what to include and what to leave out.
4. If the letter's deadline passes, run the escalation playbook — or file directly via the Incassoprocedure (Kantonrechter), which is designed to be used without a lawyer for undisputed debts.

One thing most freelancers don't know

The Netherlands has the highest no-lawyer small claims threshold in the EU — €25,000 — making it unusually friendly to freelancers recovering mid-sized debts.