No cure, no pay collections in the Caribbean

One Kingdom, one enforcement area

Aruba, Curaçao, Sint Maarten, the BES Islands and the European Netherlands together form one Kingdom. Under Article 40 of the Charter for the Kingdom (Statuut), a judgment given in any of them is enforceable throughout the Kingdom — with no separate exequatur, only the local enforcement formalities. That makes recovering a debt across the islands, or from the Netherlands, far more practical than chasing a debtor in an unrelated foreign country.

From demand to judgment

A typical matter starts with a firm written demand (sommatie) and an assessment of the debtor's position. Where that does not resolve it, we litigate before the Court of First Instance of Aruba, with appeal to the Joint Court of Justice and cassation to the Supreme Court of the Netherlands. Where speed is essential, summary proceedings (kort geding) can deliver a fast, enforceable decision.

Securing assets early

With the court's leave we can levy conservatory attachment (conservatoir beslag) on a debtor's assets before or during proceedings — so there is something to recover against, and the debtor has a real incentive to settle. Early, well-documented action materially improves recovery rates, which is why it pays to involve a lawyer as soon as an invoice goes unpaid.

Why no cure, no pay works here

Unlike advocaten in the European Netherlands, who are broadly barred from it, the Aruba Bar's rules of conduct permit a genuine no-cure-no-pay arrangement and, within the bounds of reasonableness, a fee tied to the value recovered. For suitable claims that aligns our incentives with yours: we are paid when you are. We assess the debt and the debtor first and tell you honestly whether it is a good fit.

This article is general information, not legal advice. Every situation is different, and we would be glad to review yours.