A (civil) court procedure can offer a solution in situations where two parties cannot reach agreement about an outstanding claim. Such a procedure is no more than a request to the judge to give a ruling on the claim. Only after a judge has decided that the invoices are justified does the creditor gain additional options to collect the invoices.
The writ of summons: an invitation that is often less pleasant
A court procedure starts with service of a writ of summons by a bailiff. In it the debtor (called the ‘defendant’ in the proceedings) is summoned to appear before the court. The date and time of the first hearing are stated, and the claimant (the party on whose behalf the writ of summons has been served) explains what amount is being claimed and why.
The first hearing is called a roll hearing. A roll hearing is not a hearing as you may know it from courtroom dramas: the claimant does not have to be present. It is (only) the defendant who is given the opportunity to present their defence. This can be done orally or in writing.
If the defendant does not respond at all, default is granted. In that case the judge will grant the claim unless it is unlawful or unfounded. The claimant is then found in the right.
The statement of defence: the defendant’s turn
It may also be that the defendant does respond. In the so-called ‘statement of defence ’ (sometimes nothing more than a handwritten note to the court) the defendant can explain why they disagree with the claim in the writ of summons.
From defence to hearing or second written round
After the statement of defence has been received, the judge can take two decisions:
- Schedule a hearing of the parties: this is an in-person hearing at the court at which both parties are present. The parties do not present a formal plea, but the judge will ask questions in order to get a clear picture of the case. At the end of the hearing the parties are always given the opportunity to see whether they can still reach an agreement, for example by settling. This takes place in the hallway without the judge being present. Usually the judge will first indicate how they view the case. If the parties reach an agreement, this is recorded in an official record (proces-verbaal). This has the same force as a judgment.
- Allow the parties to respond to each other in writing once more: the claimant responds in the ‘statement of reply’ and the defendant in the ‘statement of rejoinder’.
Time for the decision: the judgment
After the hearing (at which no settlement was reached) or the second written round, the judge gives a decision in the case. This decision is called a judgment: it states which party has been found in the right. For claims above € 1,750 the parties can, within three months, lodge an appeal . If this is not done (in time), or if the claim is lower than that amount, the proceedings end at this point.
If the party ordered to pay does not comply with the judgment voluntarily, assets can be seized, for example their income or household effects. A condition for seizure is that the judgment must first be served on that party by the bailiff.
Are you unsure whether it makes sense to start court proceedings? Or are you the one who has received a writ of summons and would like support? In both situations we are happy to help you further.
