Need help with a summons?
Do we notice that it is not possible to get your customer to pay the outstanding bill in this way? Then we can help you with the use of a summons. In this way you ask the court in proceedings to induce the customer to pay after all.
It is of course about the outstanding invoice , just like the costs incurred in the meantime. And does the judge pronounce such a verdict ? Then we can use this to actually seize your customer’s belongings.
What is a subpoena
A summons is the first procedural document in a civil or criminal proceeding. It is a written summons for legal proceedings to be conducted in court. The legal proceedings are conducted before the subdistrict court, the civil court or, for example, in preliminary relief proceedings.
The summons describes why your customer believes that you should pay his bill, for example. Only a bailiff can and may serve the summons. This means that the summons is officially handed over to your customer.
What is an opposition summons?
If your customer does not respond, pay and also does not show up for the hearing, the judge will usually issue a default judgment and your customer will be sentenced. An objection summons can only be drawn up in absentia and served by the bailiff.
If your client has appeared or has responded in writing before the hearing date or during the hearing before the Subdistrict Court, the party that disagrees with the judgment must appeal and cannot be opposed by means of an appeal. opposition summons procedure .
Why a subpoena?
Before we get there, we’ll try a few other options. The summons is a step within the judicial phase , which fortunately we do not have to make use of in most cases.
Instead, we provide a friendly yet very straightforward approach. In which we clearly indicate which outstanding invoice it concerns. And that you still want it paid, including the statutory interest and collection costs.
- Tip: are we unable to collect the invoice during the amicable phase ? Of course you do not have to pay the collection costs, because we work on a No Cure, No Pay basis. In any case, you run no risk.
If it turns out that it is not possible to collect the outstanding invoice without legal proceedings, we can draw up the summons for you. Describe why you think your customer should pay the outstanding amount.
In addition, we describe for you which steps have already been taken to force payment. We also describe the collection costs and officially request the customer to pay the amount again. In this way we meet all the requirements that apply to the summons.
How does a subpoena work?
We prepare the summons for you and will send it to the customer. That means you don’t have to worry about this yourself. Of course we would like to invite you to take a look at the text that we will prepare for you.
- Tip: up to amounts of a maximum of €25,000 you can draw up a summons yourself, without needing a lawyer. For amounts above € 25,000, a lawyer is required and is also mandatory.
We use the summons to start legal proceedings. Please note that in the Netherlands there must be 7 days between the summons and the first day of the hearing. Moreover, the day of the summons and the day of the hearing itself do not count. In practice, this means that it will take some time.
Summons mean within the Netherlands
The Dutch bailiff may serve the summons anywhere in the Netherlands. Dutch bailiffs are only authorized to serve summonses in the Netherlands. They may not serve summonses across the Dutch border. For example , Dutch bailiffs are not allowed to serve a summons in Belgium or Germany .
Normally, the bailiff will visit the defendant at his home address (in the Netherlands) and if the defendant is a company, the bailiff will serve the summons at the business address (in the Netherlands).
Note: The summons is also legally served if the defendant refuses to receive the summons to be served.
Is it possible to send a summons by email?
Sending a summons to your customer by e-mail is never legally valid. Although we as a collection agency, colleagues and lawyers sometimes send a “ draft summons ” by e-mail, this has no legal value or meaning. The summons is only validly served if it has been served by a bailiff.
There is the possibility of postponement
When the summons is served by the bailiff, your client can request a postponement in order to respond to the Subdistrict Court. The Subdistrict Court will then grant an extension of 4 to 6 weeks as standard . Your customer can request an extension of this postponement up to three times.
Lawyers often use this opportunity to stretch the subpoena process, giving your client time to hide money or valuables or continue to use a rental property for free. To prevent this, summary proceedings can be initiated or a prejudgment attachment can be made on your customer’s bank account or valuables by the bailiff.
Comparison of parties
When the summons procedure has started and the court summons you to attend a hearing of the parties , the court will want to discuss the substance of the dispute between you and your client. If the proceedings are conducted before the Subdistrict Court, you may answer the questions of the judge yourself, possibly with the help of us or our bailiff.
If the proceedings are conducted at the Civil Court, you are obliged to be assisted by a lawyer. It is wise to be present at the hearing yourself, because judges often want to ask questions to the parties themselves. If you are not present at the appearance of the parties and the other party is, this may have adverse consequences for your case.
The judge’s decision is recorded in a judgment
When both parties have told their story during the hearing of the parties, the judge will usually make a ruling and the summons procedure will be concluded with a judgment.
In some cases, however, there may still be disagreement about certain statements, arguments or assertions. In that case, a witness examination or expert examination may take place. An independent expert will then give his or her professional opinion on the dispute. These findings will be described in a report, after which the judge can pass judgment and complete the summons procedure.
How much does a summons cost
In the world of litigation, nothing is certain, except perhaps the cost of a subpoena. The costs are composed of a maze of different elements, ranging from serving the summons to checking the address in the Municipal Administration and even consulting the Digital Seizure Register .
But that’s not all, because there is also a mandatory statutory contribution for Supervision & Disciplinary Law of Bailiffs, which inevitably adds to the costs you have to pay. And then we haven’t even mentioned the start-up costs, which can take a big bite out of your budget. In short, when it comes to legal proceedings , you should always consider the cost.
Summons via Credifin: 17+ years of experience
Credifin assists you in drawing up the summons and ensures that it properly meets the requirements. And are you unsure about its use? Do you need more legal advice ? Based on the current file, we look closely at the chance you have of a favorable decision by the court. If we feel that it may become difficult, we will let you know. And on the other hand, do we feel that you have a good chance? Can we assist you in drawing up and sending the summons?
Are you not yet ready for a summons, but do you want to start a collection process for an outstanding invoice at our collection agency ? With this we can be of good service to you. You can submit the invoice online. We will get to work for you, after which you can monitor the progress 24 hours a day, 7 days a week.
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