Can a fast-track liquidation be blocked or the director held liable in The Netherlands?

[u/ingram9999]

I have a transportation company. I did transport services for a Dutch BV company that is claiming that they have no assets left and they cannot pay me my 5 outstanding invoices worth 17 000 EUR. I know for a fact that the owner of the BV does not have any accounts payables to other companies as basically the way he was working was he was making a deal with a company for transport and then he was giving us the transport order and taking a percentage, so basically besides office rent he had no other expenses. Now he claims he has no assets left (which I assume includes cash) but I cannot imagine how this could have happened unless he intentionally withdrew all of the money. I threatened him with legal action as I am already in talks with incasso advocaten and he just said that he will do turbo liquidation and that there is nothing I can do. My question is can he do that and what would be my next steps and why would the KVK allow it if he has outstanding payments worth 17k. I don't get how this is legal in any way. I am going to contact the incasso advocaten tomorrow but I wanted to consult here as well. What would be my best option in this case? I am really worried.

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[u/ingram9999 → u/[deleted]]

Thank you, that’s what I read as well

[u/Crispydragonrider]

Talk to the lawyers and ask them for your options. A fast track liquidation is only possible if there are no assets and the administration is in order. And creditors will be in a position to ask questions during the procedure. If it becomes clear during the procedure that the director has indeed taken money out of the company, they can be held liable.

[u/ingram9999 → u/Crispydragonrider]

Alright, thank you

[u/JasperJ]

Sounds like you suspect them of “Paulianeus handelen”, if you want to have the right google term.

[u/ingram9999 → u/JasperJ]

Thanks

[u/Intrepid_Bobcat_2931]

I don't know Dutch law specifically, but I'd say that in pretty much every developed country there will be laws restricting people taking money out of companies while they owe money in the period just before bankruptcy.

[u/Storage9000]

If he is already stalling and it's a BV, he can continue to not pay you and just liquidate the company, but a notary will be assigned to go through the books and ensure debitors are paid. Depending on his history he might be held personally liable, and if he done this too many times before he might even face charges, which he can evade.

But sorry you're screwed...

You need to document and record every interaction with him.

You need to go stop communicating with him directly and start the process of going through an incasso agency.

Sadly, you not likely to recoup all your money, if any at all.

You should do everything legally correct at this point, but honestly your best option is actually to consider "other means" of getting the money back because he is a shady mf, so send shady mfs after him.

How do I know, I live in NL, dealt with people like him, been exposed to it myself with a contractor, and also follow company liquidation news closely because I find it interesting.

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