- Price
- €17.95incl. VAT, 2 pages included
- Delivery time
- Next business dayusually, after handover to the post
- Proof
- Recipient's signature+ tracking and proof of posting
- Handed to the post
- Upload by 15:00on a working day, posted the same day
- Counts as
- Domestic registered mailprinted and posted in Netherlands
Does a Dutch notice of default have to go by registered mail?
No. The law only asks for a written demand. A letter or an email can do.
A demand only works once it reaches the other side. If they deny receiving it, you have to prove it. Default is often the key to damages or ending the contract, so that proof matters. With registered mail, PostNL records delivery and the signature.
How does it work?
| Step | When |
|---|---|
| Notice of default | As soon as the other side is late with what you agreed |
| Reasonable deadline | Enough time to perform after all, often 14 days from receipt |
| Default | When the deadline passes without performance |
| Damages or ending the contract | After default |
With a strict deadline in the contract, or if the other side says it will not perform, default starts without a demand. If in doubt, send a notice anyway.
How to put someone in default
- Describe what went wrongWhich agreement, with date and description.
- Set a deadline with a dateUse the sample below, in Dutch.
- Upload the PDFBy 15:00 on a working day it goes to PostNL the same day.
- Keep the proofTracking number and proof PDF with the recipient's signature.
Sample letter
In Dutch, which every Dutch recipient reads.
Onderwerp: ingebrekestelling
Geachte heer, mevrouw,
Op [datum] spraken wij af dat [prestatie] uiterlijk [datum] zou worden geleverd. Dat is tot nu toe niet gebeurd.
Hierbij stel ik u in gebreke. Ik geef u tot [datum] om alsnog na te komen. Gebeurt dat niet, dan bent u in verzuim en behoud ik mij het recht voor schadevergoeding te eisen en de overeenkomst te ontbinden.
Met vriendelijke groet,
[naam]
What to watch
- Say exactly what you expect: payment, delivery or repair.
- If the other side temporarily cannot perform, or their attitude shows a demand is pointless, a written statement holding them liable is enough.
- If the recipient does not collect the letter, keep the PostNL record. Send the same text by email too.
Frequently asked questions
When does default start in the Netherlands?
After a written demand with a reasonable deadline, if there is no performance within it (article 6:82 (1) Dutch Civil Code).
Is a notice of default by email valid?
Yes, the law only asks for a written demand. You do need to be able to prove the email arrived.
Is a demand always needed?
No. With a strict deadline, or if the other side says it will not perform, default starts without one (article 6:83).
How long should the deadline be?
Reasonable, given what the other side still has to do. For a payment, 14 days is usual.
Why registered mail?
To prove the demand reached the other side, with a signature on delivery.