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Debt Collection Curaçao:
what if a cliënt doesn’t pay?
Do you conduct business in Curaçao? And is your client not paying the invoice? Or do you suspect that your debtor has fled to Curaçao? Non-payment is always frustrating, especially when your client is on the other side of the world. Many entrepreneurs give up when debtors in foreign countries don’t pay, simply because they are afraid it is too complicated to initiate debt collection procedures.
That’s absolutely unnecessary! Collection Company specializes in international debt collection. In Curaçao, we know exactly what to do to collect your outstanding debts. We work closely with lawyers and bailiffs on the island. They are well-versed in the legal system and debt collection procedures in Curaçao.
- One dedicated English speaking contact
- Proven track record
- Tailor-made services for each case
- Expert advice and a transparent process
- 24/7 online access
Specialized in international debt collection
Do you have outstanding receivables in Curaçao ? For instance, because a business client is not paying an invoice, you have overdue salary owed from an employer in Curaçao, or because you are entitled to compensation?
Unfortunately, non-payment is common in Curaçao. If you are dealing with a non-payer, our debt collection experts are ready to collect that debt for you. We have years of experience with collecting debts in Curaçao and have teamed up with the best bailiffs and reputable lawyers on the island. They know their way around the local legal system. They also know how to handle issues like corruption, so you as a creditor are not further disadvantaged.
Throughout the entire process, you will communicate with an English-speaking contact person at our office. This collection specialist will manage your case. You won’t be affected by the time difference or language barrier. You can follow the progress of your case 24/7 in your own online cockpit.
Would you like an estimate of the success rate of your claim? Then request a free and non-binding consultation.
Why Collection Company for debt collection in Curaçao?
- Global coverage
- One dedicated English speaking contact
- Specialized in international and Curaçaoan law
- Extensive network with Curaçaoan debt collection specialists (international lawyers and bailiffs)
- Seamless connection from extrajudicial to judicial action
- Effective local approach
- 24/7 tracking through your own Online Cockpit
Discuss your case
Fill in your details and we will contact you as soon as possible to provide advice.
How does debt collection work in Curaçao?
The process of collecting debts in Curaçao can roughly be divided into an out-of-court phase and a judicial phase. An out-of-court process is generally the most cost-effective and efficient. Therefore, we always first attempt to collect your claim without court intervention.
If that doesn’t work, we can still initiate a legal procedure for you. In doing so, we work closely with local bailiffs and attorneys.
Below we explain what both the out-of-court and judicial processes look like in Curaçao.
- Upload your invoice online
- We'll start your case
- We'll start with the debt collection process
- Together we decide the best strategy for collecting your debts
- Monitor the status of your case 24/7
- Any questions? Your personal accountmanager will answer them all!
- Your invoice is payed
Extrajudicial debt collection in Curaçao
Out-of-court debt collection (amicable debt collection) consists of a series of efforts to collect your claim before the case is brought to court. This may include sending payment reminders and demand letters. In Curaçao, this out-of-court process is also known as ‘friendly debt collection’.
During the out-of-court collection process, we contact your debtor in Curaçao and politely but firmly request payment. Through phone calls and emails, reminders and demands, we contact your debtor 16 times within three weeks.
We gradually increase the pressure. The longer the payment is delayed, the stricter the tone becomes. We inform your debtor that we will take legal action if the outstanding amount is not paid within the specified time frame. This involves high costs for your debtor. A sensible debtor will therefore choose to pay the outstanding invoice after all.
Judicial proceedings in Curaçao
If it is not possible to collect your claim during the out-of-court phase, we can initiate legal proceedings for you.
Curaçao is an autonomous country within the Kingdom of the Netherlands and, for example, has its own Civil Code (Civil Code of Curaçao). The differences between the Dutch and Curaçao Civil Code are limited though, because the statute of the Kingdom of the Netherlands stipulates that civil and commercial law in the Netherlands and the overseas territories (Aruba, Curaçao, and Sint Maarten) should be regulated in the same way as much as possible.
To initiate a lawsuit against your debtor, we need to summon them. This summons (official call to appear in court) must be served to your debtor by a bailiff.
The summons is filed with the clerk of the Joint Court of Justice in Curaçao. This Joint Court of Justice handles both the case in the first instance and the appeal.
If your debtor does not respond to the call to appear in court, the judge will issue a default judgment. This is almost always in your favor.
If your debtor disputes the claim, a hearing will follow. The judge will study the evidence presented by both parties and ultimately make a ruling.
How long does a judicial debt collection take?
A regular civil procedure in Curaçao can easily take a year. As a result, it can take a long time before we can place a lien on your debtor.
If you, as the plaintiff, do not want to wait that long, we can often file a summary proceeding. A summary proceeding is an expedited procedure where the judge makes a preliminary ruling in urgent matters. To initiate a summary proceeding, we must demonstrate that you, as the creditor, have an interest in having the case handled quickly, for example, if you would face financial difficulties if the outstanding invoice is not paid.
A ruling by the summary judge is usually immediately enforceable. This means we can immediately execute the judges order by seizing assets of your debtor. However, your debtor has the right to initiate a full trial. Nevertheless, many debtors accept the preliminary ruling because they realize that the costs will only increase.
Enforcement procedures in Curaçao
With a court judgment, we can then seize assets from your debtor. We need to hire a bailiff for this. The bailiff can seize bank accounts, income, and belongings of your debtor. Seized goods can be publicly sold and the creditor will be paid from the proceeds.
Collection Company collaborates with the best bailiffs in Curaçao for the seizure process.
It is also possible to enforce a judgment issued in the Netherlands in Curaçao. Court judgments issued in the Netherlands, Aruba, Curaçao, or Sint Maarten can be enforced throughout the entire Kingdom.
Statute of Limitations
Most claims in Curaçao have a statute of limitations of 5 years. Additionally, there are claims with a shorter statute of limitations of 2 years. This is the case, for example, when a business sells goods to a consumer. Once the court has issued a ruling in a case, there is a statute of limitations of 20 years.
It is therefore important to keep in mind that a claim may no longer be collectible after a certain number of years. Hence, it is crucial to take swift action if an invoice is not paid.
Interim measures in Curaçao
Naturally, you don’t want your debtor to siphon away or embezzle assets before the court has made a ruling. To prevent this, we can impose a prejudgment attachment. Prejudgment attachment is a temporary seizure intended to secure assets pending the court’s decision.
We need to request permission for an interim attachment from the court. Your debtor will not be informed of this. If the court grants permission for the prejudgment attachment, a bailiff can secure the assets.
Prejudgment attachment serves as a strong pressure tool. After all, your debtor cannot access their assets while the case is before the court. For instance, they cannot access the money in their bank account. Many debtors, therefore, choose to pay their debt to lift the prejudgment attachment.
Bankruptcy in Curaçao
If your debtor (even after a court ruling) claims they cannot pay the debt, we can file for their bankruptcy. This is a powerful pressure tool; no one wants to go bankrupt, and to avoid bankruptcy, most debtors ultimately pay the outstanding debt.
In Curaçao it is possible to file for your debtor’s bankruptcy if they have stopped paying, there are multiple creditors, and you have a supporting claim from another creditor.
If the court in Curaçao declares your delinquent debtor bankrupt, a trustee will be appointed to handle the bankruptcy. The trustee will try to pay all creditors as much as possible from the bankrupt estate.
Most delinquent debtors do not let it come to this and pay the bill to avoid bankruptcy. Once we receive your money, we can withdraw the bankruptcy filing.
Arbitration
To resolve business conflicts as quickly as possible, arbitration is frequently used in the corporate world. This is an alternative (private) form of judiciary. Instead of bringing the case before a judge, an arbiter or arbitration committee renders a judgment. This judgment is binding.
Arbitration must always be agreed upon by both parties. This is often done during the drafting of the contract. It is also possible to stipulate in your general terms and conditions that any potential dispute will be resolved through arbitration.
The parties can agree to initiate an arbitration case after the conflict has already arisen, but both parties must agree to this.
The advantage of arbitration is that it is faster than regular judiciary. Additionally, you can, for example, stipulate in the arbitration clause that the case must be heard in the country you reside.
Collection Company can assist you in drafting general terms and conditions that include an arbitration clause. Our lawyers can represent your interests during an arbitration case.
Other debt collection services in Curaçao
- Reliable advice on contracts and terms
- Credit information about companies in Curaçao
- Disputes including issues like Retention of Title and right of recourse
- Mediating in reaching private settlements and agreements
Submit your claim
Do you have outstanding invoices in Curaçao that are not being paid? We are happy to help you collect your claim. Fill out the debt collection registration form to submit your claim directly. Would you prefer to consult with one of our collection specialists first? Then leave your details via the contact form below.
Free advice on debt collection in Curaçao
Submit your personal information and plan your free consult.
FAQ: Frequently Asked Questions about Collections in Curaçao
FAQ: What language is spoken in Curaçao?
In Curaçao, Dutch, Papiamento, and English are the main languages. During legal proceedings, Dutch is used. This applies both to the initial trial and to appeals.
If you transfer your claim to Collection Company, you will be represented by our lawyers and local collection specialists during the legal proceedings.
FAQ: Where does the trial take place?
If you have a business conflict and file a lawsuit, it usually takes place in the residence or place of business of the defendant. If your debtor lives in Curaçao or the company is based there, we must file a lawsuit with the Court of Justice in Curaçao.
The Court of Justice handles both the first instance case and the appeal. In the appeal, the case is heard by a panel of three judges. The judge who handled the case in the first instance does not participate in the appeal.
FAQ: Do I need a lawyer?
In Curaçao, it is not mandatory to proceed with a lawyer during the legal process. Even in appeals, you do not need a lawyer. Only if you want to go to the Supreme Court (cassation), a lawyer is required.
However, it may be wise to hire a lawyer, for example, if it involves a high claim and a lot is at stake. Additionally, you need a lawyer if you want to apply for a prejudgment attachment.
At Collection Company, we work with the best lawyers in Curaçao. We rely on their expertise when your collection case requires it.
FAQ: What do we need for a debt collection in Curaçao?
For a debt recovery in Curaçao, we would like to receive as many documents as possible that support your claim.
In reality, we regularly see that a case file is not immediately complete. That is not a problem. Even if, for example, a purchase contract is missing, you can still transfer your claim to us. Together with our collection specialist, you can review the evidence you have for your claim.
Consider the following:
- A record of agreed terms such as a purchase agreement, as well as email correspondence with your debtor, a fax confirmation, or a summary of what was agreed upon
- Copies of sent invoices
- Copies of sent reminders
- Your general terms and conditions applicable to the agreement
- Proof of delivery
FAQ: Why not hire a debt collection agency in Curaçao?
Collection Company, operating as an international debt collection agency, distinguishes itself from other debt collection agencies by working together with the best bailiffs and the most renowned lawyers in Curaçao. When you transfer your claim to us, the benefits include having a single English-speaking point of contact throughout the entire debt collection process, and our colleagues can handle the complete collection process. We take all the worries off your hands. Thus, you do not need to consult with various parties in Curaçao yourself, and you also won’t be affected by the time difference.
Why 40.000 customers tried our services
- The #1 collection company in the Netherlands and abroad
- Regional & local specialists
- Years of experience with international invoices
- Your own personal contact
- Extensive advice on the legal process
- Monitor the status of your case 24/7
Meet our specialized legal team
Joost Konings LLMLaw expert- May Leung LLMLaw expert
- Wesley Boeters LLMInterim lawyer
