Do you have one or more unpaid bills?
Always open your mail. If necessary, ask someone to help you with this. If you receive a letter about payment arrears, call the creditor or the collection agency. Better yet, send an email or letter and keep a copy. For sample letters, see schuldinfo.nl. Ask about the options to pay off your debt. Prevent additional costs by arranging a payment plan. You are entitled to keep at least 90% of the minimum income applicable to you. This is established by law and is called the ‘protected earnings rate’ (beslagvrije voet). For the calculation, see: Calculation of the protected earnings rate.

A bailiff must always take the protected earnings rate into account. If the protected earnings rate is too low, it must be adjusted immediately, no later than within fourteen days. The bailiff must refund any money withheld in excess, with retroactive effect. See relevant case law here. If the bailiff does not respond to your request to adjust the protected earnings rate, you can file a complaint with the bailiff. If you cannot resolve the issue with the bailiff, here is the form to file a complaint with the Chamber of Bailiffs of the court. See here for the form you can use.

Access to Debt Assistance
Do not wait too long to ask for help. Your municipality offers debt counseling services. Make use of them. Inform your creditor or the collection agency that you are starting debt counseling. Click here for help with debts.

No one can be denied access to debt assistance because they own a home, have no income, or are undergoing treatment in addiction care. Municipalities are not allowed to apply these or other exclusion grounds. However, municipalities can refuse people after considering individual circumstances, such as when someone fails to comply with previously made agreements or behaves severely inappropriately towards municipal employees. In the case of exclusion grounds, such consideration is not made. Families may simply not qualify for debt assistance because they have no income, have not finalized their divorce, or are undergoing treatment at the mental health services (GGZ). This is not allowed by law.

Urgency
In a threatening situation, the first meeting to determine the assistance request takes place within three working days. A threatening situation is defined as forced eviction, termination of the supply of gas, electricity, district heating, or water, or cancellation or termination of health insurance.

Article 4 of the Municipal Debt Assistance Act states:
“1. If a person approaches the municipal executive for debt assistance, the first meeting to determine the assistance request takes place within four weeks.
2. In the case of a threatening situation, the first meeting to determine the assistance request takes place within three working days. A threatening situation is defined as forced eviction, termination of the supply of gas, electricity, district heating, or water, or cancellation or termination of health insurance. The municipal executive must provide the applicant with insight into the number of weeks between the first meeting, in which the assistance request is determined, and achieving the result.” The term ‘municipal executive’ refers to the municipality.

Objection
If you are denied assistance, you can file an objection within six weeks. The municipality must then reassess your situation and make a new decision. Related publication: N. Jungman / Paritas Passe, Utrecht, 2012.