Legal advice in case of non-payment after car sale


Questioner

I sold a car and it has already been transferred. The man has been driving it for a while but has not paid. There is a written agreement. what can i do with it.

Lawyer

You can put the man in default and summon him to pay the amount due to you within a reasonable period, failing which you will take legal action against him. If you cannot reach an agreement, a letter from a lawyer can often get the matter moving. Please feel free to contact me directly and free of charge.

Lawyer

You should indeed put the buyer in default and give him a final term in which he can still pay. For this term you could use 10 or 14 days (not shorter, that is often seen as too short). Preferably you do this in writing and by registered mail, so that you can prove that you have done this and that the letter has reached him. If payment is still not made, I, as a lawyer, could open a collection file for you. This often leads to a positive result quickly.

Lawyer

In the letter you are going to send (notice of default), please also indicate that if payment is not made within the term, you will also claim the extrajudicial collection costs according to the law on the Standardisation of Extrajudicial Collection Costs (WIK) and also indicate how high that amount will be. There are various sites on the internet where you can calculate these costs, such as http://buitengerechtelijke-kosten.nl/

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