When you forfeit a penalty payment, the government in Utrecht can issue a collection decision to recover the amount. You can lodge a separate objection against this decision.
What does a collection decision entail?
A collection decision is an official notification from the administrative authority that the forfeited penalty payment will actually be collected. This is separate from the original penalty payment order.
Steps in the procedure
- You breach the penalty payment order.
- The penalty payment is automatically forfeited.
- The administrative authority establishes the violation.
- A collection decision is issued.
- You are obliged to pay.
Lodging an objection
In objecting to the collection decision, you can argue, among other things:
- I have complied with the order.
- The order was not clearly formulated.
- The collection is disproportionate.
- Payment is impossible due to personal circumstances.
Exceptional situations
In some cases, the administrative authority may decide to waive collection, for example:
- If you subsequently comply with the order, even retroactively.
- In cases of extreme financial hardship.
- If the violation occurred without fault on your part.
The criteria for this are strict.
Frequently asked questions about penalty payments in Utrecht
Am I obliged to pay during the objection period?
Yes, in principle. Lodging an objection does not suspend the payment obligation. However, you can apply to the court for an interim measure.
What if I cannot pay the amount?
The government may levy attachment on your income or assets. It is possible to propose a payment arrangement.
Does a penalty payment expire after time?
Yes, the right to collect expires one year after the date on which the penalty payment was forfeited.
Practical information for Utrecht
For legal support, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. For cases going to court, the District Court Midden-Nederland at Vrouwe Justitiaplein 1 has jurisdiction.
Additional questions about collection decisions
How much time do I have to lodge an objection?
You have six weeks to lodge an objection, calculated from the day after the decision was notified. This deadline is often stated in the letter received. Lodge your objection in time, otherwise the decision becomes final. Use registered mail for certainty.
Can I request a stay of payment when lodging an objection?
Lodging an objection does not automatically stop the payment obligation. For a stay, you must apply to the court for an interim measure, with strong substantiation such as financial documents or an explanation of the impact of immediate payment.
What are the consequences of not paying after a final decision?
If you do not pay, the administrative authority may proceed to enforced collection, such as attachment on salary, bank accounts, or assets. A bailiff may be engaged and additional costs such as interest may be added. Consider a payment arrangement in time.