An Affidavit of Debt is a essential legal instrument in Dutch debt collection proceedings, used when formal documentation of a debt claim is required. This document type is particularly crucial when initiating legal action for debt recovery or when providing evidence of debt in court proceedings in the Netherlands. The affidavit must detail the complete history of the debt, including original amount, current balance, interest calculations, and any payments received. It must be sworn before a Dutch notary public and comply with the requirements of the Dutch Civil Code and Civil Procedure rules. The document serves as prima facie evidence of the debt and is commonly used by financial institutions, debt collectors, and businesses seeking to recover outstanding debts through legal channels.
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1. Declaration Header: Formal opening stating this is an affidavit, including the date and jurisdiction (Netherlands)
2. Affiant Information: Full identification and authority of the person making the declaration, including their role in relation to the debt
3. Debtor Information: Complete identification of the debtor, including full legal name, address, and any relevant identification numbers
4. Debt Details: Specific information about the original debt, including amount, date incurred, and account/reference numbers
5. Current Amount Due: Calculation of the current total amount due, including principal, interest, and any permitted collection costs
6. Verification Statement: Statement verifying the accuracy of the information and confirming the affiant's personal knowledge
7. Interest Calculation: Detailed breakdown of how interest has been calculated and applied
8. Legal Compliance Statement: Declaration of compliance with relevant Dutch laws and regulations
9. Signature Block: Space for affiant's signature, date, and notary authentication
1. Assignment History: Details of any assignments or transfers of the debt, used when the current creditor is not the original creditor
2. Payment History: Record of payments made and credited to the account, included when there have been partial payments
3. Default Notice History: Documentation of notices sent to the debtor, included when formal demands have been made
4. Statute of Limitations Statement: Statement regarding the debt's status under limitation laws, included for older debts
5. Consumer Protection Compliance: Additional declarations regarding compliance with consumer protection laws, included for consumer debts
6. Bankruptcy/Insolvency Statement: Statement regarding known bankruptcy proceedings, included if relevant to the debtor's status
1. Original Credit Agreement: Copy of the original agreement or contract that created the debt
2. Account Statements: Relevant account statements showing debt activity and balance
3. Assignment Documentation: Copies of documents showing chain of title for the debt if assigned
4. Payment Records: Detailed records of any payments received and applied
5. Correspondence Log: Copies of relevant correspondence with the debtor
6. Interest Calculation Schedule: Detailed breakdown of interest calculations and charges
7. Notice Documentation: Copies of formal notices and demands sent to the debtor
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Legal Services
Debt Collection
Credit Management
Consumer Finance
Commercial Lending
Healthcare (for medical debts)
Retail (for consumer credit)
Professional Services
Insurance
Relevant Teams
Legal
Finance
Credit Management
Accounts Receivable
Debt Recovery
Risk Management
Compliance
Credit Administration
Legal Operations
Collections
Relevant Roles
Credit Manager
Legal Counsel
Debt Collection Officer
Financial Controller
Accounts Receivable Manager
Compliance Officer
Risk Manager
Collections Attorney
Credit Administration Officer
Legal Operations Manager
Notary Public
Recovery Specialist
Finance Director
Credit Risk Analyst
Corporate Counsel
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