Late payment of a business invoice may generate interest and collection costs. But a demand's total is not a verifiable calculation. Establish the agreement, when payment was required and amounts already received. A business lawyer can assess the claim where delivery is disputed, interest rates are mixed or a collection letter exceeds the arrangements. This guide concerns Dutch business payment disputes. Consumer claims, tax interest and financial regulatory rules require different assessment.
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1. Check the agreement behind the invoice
Start with parties, order and performance. An invoice between businesses does not automatically make every obligation listed a commercial transaction with identical interest consequences. Identify whether payment concerns supplied goods, services, damages or repayment. Classify the obligation before choosing an interest rate.
Collect the agreement, terms and evidence the other party received those terms. Ask which version applied to the order. A new tariff on your website does not itself change an earlier arrangement. Record disputed items separately so disagreement about one delivery item does not silently assign the same label to every invoice. Report relevant foreign connections to your adviser too.
2. Establish the payment period and due date
Ondernemersplein describes different statutory payment periods for business relationships, including special rules for large businesses dealing with SMEs. First check the category of parties and arrangement involved. A standard period from a reminder template is not suitable for every agreement without assessment. Keep the invoice date, dispatch details and receipt evidence where relevant.
Prepare a timeline of delivery, invoicing, acceptance and reminders. Assess which date actually starts an interest entitlement. A missing delivery-note signature is a different issue from a disputed due date. Identify whether payment depended on inspection or completion and the dispute about it. Payment cannot be viewed separately from the original performance.
3. Separate contractual and statutory interest
First establish whether the parties agreed an interest clause. Identify wording, calculation unit and any variation agreement. Omitting this step sometimes results in contractual and statutory interest both being claimed on the same amount. Determine the correct entitlement and identify the alternative relied on if the clause proves inapplicable.
The Dutch government distinguishes statutory interest for commercial transactions from that for other transactions. Rates may change. Use a supported overview for each relevant period rather than applying today's rate retrospectively to all arrears. This guide deliberately gives no universal current rate: claim type and time periods determine the calculation requiring examination.
4. Make the interest calculation traceable
A useful statement identifies opening balance, start date, end date, rate and part-payments received. State how payments were allocated. Check credit notes, returns and amounts paid directly to a representative. Differences between the collection system and bank statement need explanation before being passed on as new debt.
Ask your bookkeeper to reconcile the figures and, where necessary, a lawyer to assess the legal basis. These are different tasks. Whether interest on interest or costs is permitted also needs separate checking; do not let software silently decide. Keep the formula or statement accompanying the demand so both parties can discuss the same calculation.
5. Assess collection costs separately
Ondernemersplein describes a statutory costs scheme and notes that business parties may vary it contractually. Find the actual costs clause and check its applicability. A percentage in a reminder is not automatically agreed. Separate extrajudicial costs, bailiff actions and litigation costs: these are different categories raising different questions about basis and amount.
Official guidance states consumers must first receive a free reminder before collection costs may follow. Do not automatically copy consumer guidance for a business debtor, but do not assume every sum demanded in a business case is established either. Ask which work and agreement support the claim. Discuss duplicate charges and request itemisation of an unclear total.
6. Respond specifically to an incorrect demand
Send a professional response identifying the disputed item and supporting reasons. Do you dispute delivery, date, rate or only costs? Attach relevant payment evidence and keep what you send. A general statement that collection is unreasonable helps less than a specific discrepancy with a verifiable calculation. At the same time, avoid unintentionally acknowledging amounts not yet examined.
A collection letter is not a summons or court ruling. Check the document received and required action. Have court documents assessed immediately even if an earlier substantive response remains unanswered. Agree whether your lawyer handles only the calculation discrepancy or the entire payment claim. A costs dispute does not itself monitor a procedural date.
7. Fictional example: one rate for several years
A service provider demands payment of three older invoices. They apply the current commercial interest rate from all original invoice dates and add two different collection charges. The customer partially paid one invoice in the meantime. This fictional example determines no specific entitlement or rate applicable in a particular case.
Preparation starts with contract, due dates and part-payment. Interest periods and separate costs are then made visible. The lawyer assesses the appropriate basis; the accounts team uses those principles in a new calculation. The result may differ from the first total without automatically extinguishing the original principal. Calculation checks and substantive delivery remain separate questions.
8. Prepare a specific legal engagement
Bring original documents, the complete demand and your own overview. Ask which costs and interest are legally defensible and what response is now needed. Clarify whether you are creditor or debtor and whether the relationship should continue. A settlement proposal must identify the items resolved and claims remaining.
After advice, record the chosen principles. Keep the old calculation too, showing why the amount changed. Ask who processes future payments and when further costs may arise. This preparation guarantees neither award nor rejection of interest; it prevents different legal bases and periods disappearing into one unexplained collection total.
Frequently asked questions
Is commercial interest the same as ordinary statutory interest?
No. Official guidance distinguishes commercial from other transactions. Assess the type of payment obligation and relevant period.
May a business creditor depart from the statutory collection-cost scale?
Ondernemersplein describes contractual variation for business customers. Check whether the clause actually applies and which items it covers.
Does an interest error invalidate my entire invoice?
That does not follow automatically. Assess principal, interest and costs separately and respond precisely to the disputed item.
Sources
These sources relate to this page. For a specific case, check current rules and your own documents.
- Ondernemersplein — betalingstermijnen en incassokosten Accessed: 2026-10-23
- Rijksoverheid — hoogte wettelijke rente Accessed: 2026-10-23
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Editorial team Business law in the Netherlands
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