More and more people have debts. For some it is manageable, for others it is a daily problem. For some people it is such a big problem that they sometimes no longer feel like living. While debts can be solved, with the right help: Sometimes it is not possible to get out of debt. There are too many loans, too many outstanding bills, too much mail that is left lying around. The debts are often caused by a wrong lifestyle: buying on installments, mail order companies, taking out loans for large purchases. But debts can also arise due to illness. Or through crime. It is then possible to receive debt assistance:
During the amicable process, you voluntarily enter into debt counseling because you can no longer handle it all yourself. Assistance can be obtained from one of the 50 credit banks in the Netherlands, from the social services of the municipality or from a private office. An amicable process is always the first step to pay off debts. If this does not work, you can ask the court for legal debt restructuring. But legal debt restructuring may only be granted if one can demonstrate that one has first tried it themselves through an amicable process.
Conduct of amicable process
The debt counseling service will contact the various creditors, these are the companies or institutions to which you still owe money. The debt counselor will try to reach an arrangement with the claimants, often for a period of 36 months (3 years). Sometimes a loan is taken out, then everything can be paid back in one go and you only pay back the loan. See together what the best solution is. If you cannot reach an agreement, you can apply for statutory debt restructuring.
Legal debt restructuring
You can apply for legal debt restructuring from the court. You will need a statement from the municipality stating that voluntary debt restructuring is not possible. In addition, you must also send your financial details. The court determines whether you are eligible for statutory restructuring. You are eligible for legal restructuring if the amicable process has failed and the debts have become so high that you can no longer pay them off yourself. You must come to court yourself to explain things and you will then hear from the judge what the admission requirements are. Not everyone is simply admitted to statutory debt restructuring. In cases where people themselves are to blame for the debts incurred, the judge is not so accommodating. Consider debts incurred after a cannabis farm was discovered in your attic, or debts incurred as a result of other fines due to crime.
Progress of statutory debt restructuring
If you are in the legal restructuring process, your wages will be seized. You will then no longer receive income, but a certain amount as household money. All bills are paid for you, including debts. After three years you will be out of the statutory debt restructuring. Loans that have not yet been fully paid off will expire and creditors are no longer allowed to bother you with this. The creditors are therefore obliged to cancel the remaining outstanding debt that you still have with them. So you are completely clean of debts. And that is a beautiful new beginning. Legal debt restructuring is not easy to maintain: it takes three years of real suffering and hard work. But if you want to start with a clean slate, you have to do something. The important thing is not to get into debt afterwards. Legal debt restructuring is only given once, and anyone who subsequently finds themselves in debt again is completely on their own.
Anyone who wants help with their debts will first have to support it 100 percent. I personally know people who have large debts and would like help with this. The woman is very accommodating to this, but the man refuses to adjust his lifestyle accordingly. He just wants to keep eating and drinking expensive things and buying designer clothes. In this case, it will be very difficult for the couple to enter and stay in debt restructuring. Because if the lifestyle is not adjusted, this couple will just as quickly end up in debt again after the period of debt relief. And then help is no longer possible, with all the consequences that entails. So getting help with debt means learning a completely different lifestyle. And it often starts with the little things. For the addresses of credit banks, you can take a look at this list: credit banks