Sending a summons letter: what should it contain to force payment?

A summons letter is a formal final demand letter in which you give your customer one last chance to pay. You put clearly on paper the outstanding amount, what the claim is about and the deadline for payment.

Unlike a regular payment reminder or a friendly reminder, a summons letter has an emphatic legal character. You make it clear that this is the final warning before taking further action.

Depending on its content, a summons letter can also count as a notice of default. This is so if you:

• Clear payment demands
• A concrete and reasonable deadline gives
• Indicates what consequences follow if payment is not made

Is the deadline running out and there is still no payment? Then your debtor may be in default. This is important for what happens next, such as starting an amicable collection process or legal proceedings.

A careful summons letter is much more than a final reminder. After all, it puts both your debtor and yourself on legal alert. A good letter:

• Increase pressure to still pay without unnecessarily damaging the relationship
• Show that you have given your customer a clear last chance
• Forms the basis for calculating legal interest and collection costs
• Strengthens your position if you abandon the claim or go to court

A sloppy or incomplete summons letter can actually work against you. You run the risk of discussions about deadlines, amounts or costs. In the worst case, you will not be able to recover certain costs, even though you are entitled to them.

Fundamentally, your summons letter should do three things: explain what you are claiming, what you expect from your debtor, and when it is due. Make sure at least the following is clear in your letter:

• Details of you and your debtor(name, address, contact)
• Description of the claim(e.g. product or service provided)
• Relevant invoice numbers and invoice dates
• The original due date of the invoice
• The exact outstanding amount(principal)

In addition, it is smart to refer briefly to previous reminders or dunning letters. This shows that you have already asked for payment several times and that this summons is no surprise.

The heart of the letter is the actual summons. Formulate it clearly and without reservations. So not, "We kindly request that you pay as soon as possible," but for example:

"We summon you to pay the outstanding amount of € [amount] within 7 days from the date of this letter to account number [account number] in the name of [name]."

Conclude the letter with the consequences if payment is not made. Consider:

• Handing the claim over to a collection agency
• Calculating legal interest
• Charging collection fees
• Initiating legal proceedings

Finally, don't forget your payment information. The easier you make it to pay, the more likely you are to see quick results.

Is your debtor a consumer? Then additional rules from the Collection Costs Act (WIK) apply. Your summons letter must then meet specific requirements. In practice, we often call this the 14-day letter.

Important points for your WIK summation:

• You give the consumer at least 14 days to pay without additional charges
• Those 14 days start to run only on the day after receipt of the letter
• You state very precisely what amount of collection costs will follow if payment is not made on time

If your letter states the wrong amount or the deadline is too short, you run the risk of not being able to recover collection costs later.

Want to make sure your letter is correct? Then read our page on the WIK letter or use our tool to calculate collection costs.

Have you already emailed or texted the consumer several times, but not yet sent a proper 14-day letter? If so, it's often smart to do so before handing over the claim.

With business customers, you have more freedom in the wording of your summons letter. The WIK rules then do not apply in the same way as with consumers. However, it is still wise to be clear about deadlines, consequences and any additional costs.

Once your business debtor is in default, you can:

• Claim legal commercial interest on the outstanding amount
• Claim a minimum fee of €40 in out-of-court collection costs
• Deviate from standard rules if so stated in your terms and conditions

In practice, many business owners already announce these charges in the summons letter. This increases the pressure to pay quickly.

Be careful not to mention amounts that violate the law or your own terms. In doubt? Have your summons checked before you send it.

You can send a summons letter by mail or by e-mail. Both forms are allowed, as long as you can prove afterwards that the letter was sent and received.

Commonly used options are:

• Email: Quick and practical, especially if your customer often responds by e-mail
• By mail: convenient if your customer does not respond well to email or if data is out of date
• Registered letter; Extra strong evidence and a clear signal that you are taking the matter seriously

With higher amounts or with difficult debtors, a registered letter is often a smart choice. By doing so, you show that this really is the last step before you hand over the claim.

Increasingly, business owners are also sending a copy via WhatsApp or text message. This is useful to attract attention, but mainly counts as an additional channel to your formal summons.

Does the deadline set in your summons expire and payment is still outstanding? Then don't wait too long with follow-up steps. If you do nothing, you will weaken your position and your debtor will become accustomed to procrastination.

With a correct summons letter, you can hand over your claim immediately. Credifin often starts an amicable collection process within minutes. We work on the basis of No Cure No Pay collection, in which we try to recover interest and collection costs from your debtor.

Does your client still not pay or does he dispute the claim? Then together with you we look at the next step, such as legal proceedings or engaging a bailiff. Because your demand letter is already in order, we can move quickly.

Would you prefer us to look in earlier, even before you send the summons? You can. That way you avoid mistakes and increase the chances of a quick, businesslike solution.