If you forfeit a penalty payment in Leiden, the government may issue a collection decision to recover the amount. You have the option to lodge an objection against it.
What does a collection decision entail?
A collection decision is an official notification from the administrative authority that they will actually collect the forfeited penalty payment. This is separate from the original penalty order under administrative coercion.
Steps in the process
- You breach the penalty order under administrative coercion.
- The penalty payment is automatically forfeited.
- The administrative authority confirms the forfeiture.
- A collection decision is issued.
- You are obliged to pay.
Lodging an objection
When objecting to the collection decision, you can argue:
- I have complied with the order.
- The order was not clearly formulated.
- The collection is disproportionate.
- I am unable to pay due to exceptional circumstances.
Exceptional situations
In some cases, the administrative authority may decide to waive collection, for example:
- If you subsequently comply with the order, possibly with retroactive effect.
- If the financial impact is disproportionately severe.
- If the breach occurred without your fault.
The criteria for this are strict.
Frequently asked questions about penalty payments in Leiden
Am I obliged to pay during an objection procedure?
Yes, in principle. An objection does not suspend the payment obligation. You can apply to the court for an interim measure.
What if I am financially unable to pay?
The government may levy attachment on your income or assets. It is possible to propose a payment arrangement.
Does a penalty payment expire after a period of time?
Yes, the right to collect expires one year after the date on which the penalty payment was forfeited.
Additional questions about collection decisions
How much time do I have to object to a collection decision?
You have six weeks from the day after the notification of the decision to lodge an objection. This deadline is usually stated in the letter received. Make sure to respond in time, otherwise the decision becomes final and irrevocable and you can only go to court. Send your objection by registered mail for proof of receipt.
Can I get a deferral of payment when objecting?
Lodging an objection does not automatically stop the payment obligation. For a deferral, you must apply to the court for an interim measure, supported by evidence of financial problems or an explanation why payment is unreasonable. The administrative authority may also grant a deferral itself, but this is not standard.
What are the consequences if I do not pay after a final decision?
If you do not pay, the administrative authority may proceed to enforced collection, such as wage garnishment, attachment on your bank account or assets. A bailiff may be engaged and additional costs, such as interest, may be imposed. Consider applying for a payment arrangement in time.
Can I challenge the amount of the penalty payment?
Yes, you can object to the amount of the penalty payment if you consider it disproportionate. Explain why you find the sanction too high, for example by comparison with similar cases or by outlining your financial situation. The administrative authority weighs this against the interest of compliance.
What are examples of exceptional circumstances for exemption from collection?
This may involve, for example, serious financial problems due to illness, unemployment, or if you have done everything to comply with the order but failed due to external factors. Also if the breach is not your fault, such as an error by the government. You must substantiate this well with evidence.
How do I apply for a payment arrangement?
Contact the administrative authority that issued the collection decision for an instalment arrangement. They will assess your request based on your financial situation. Provide substantiation with documents such as payslips or an overview of your expenses.
Relevant authorities in Leiden:
- District Court: District Court of The Hague, Leiden Location
- Legal Aid Office: Legal Aid Office Leiden, Stationsweg 46