The out-of-court procedure

Prior to being admitted to the Act on Debt Restructuring Natural Persons (WSNP), an attempt must be made to come to an amicable agreement. The Municipal Credit Bank or the Municipal Social Service Office draws up an inventory of creditors and debts and tries to come to an agreement with the creditors. If an agreement is reached, the out-of-court procedure is successful. If one or more creditors do not agree, the out-of-court procedure has failed. The relief worker will subsequently submit a request to be admitted to the WSNP. During a court session, the judge will request additional information and explain what obligations are involved. The debtor will also be informed as to whether he/she is admitted.
If the debtor is not admitted he/she can file for bankruptcy. A bankruptcy provides direct access to the WSNP.
Recent figures provided by the Dutch Association for Lending to Private Individuals (www.nvvk.eu) indicate that the number of debtors applying for out-of-court procedures increased in 2013 and that individual debts have become higher.