Opposition (verzet) is the remedy against a default judgment (verstekvonnis), a judgment given against a defendant who did not appear. You must file it within four weeks, by serving a summons through a bailiff; the period starts on service of the judgment on you in person, on an act showing you know of the judgment or its enforcement, or otherwise on the day the judgment is enforced (Article 143 of the Dutch Code of Civil Procedure, Rv).
If you have no known address in the Netherlands but a known address abroad, the period is eight weeks. Opposition is not an appeal: the same court hears the case again, now with your defence.
Table of contents
What is a default judgment?
A court gives a default judgment when the defendant does not appear on the first court date, fails to appoint a lawyer where one is required, or does not pay the court fee (griffierecht) in time. Under Article 139 Rv, the court then grants the claim unless it seems unlawful or unfounded.
The court only carries out a limited check, so even far-reaching claims are often granted. Default judgments are usually declared provisionally enforceable, which means the claimant can enforce them straight away.
As long as no final judgment has been given, you can still appear in the proceedings or pay the court fee (Article 142 Rv). The default then lapses, except for the extra costs it caused.
How does opposition differ from an appeal?
Opposition is heard by the same court that gave the default judgment, and it reopens the proceedings (Article 147 Rv). An appeal goes to the court of appeal (gerechtshof).
Under Article 335 Rv, you cannot appeal a default judgment yourself; opposition is your remedy. If the original claimant appeals, you can raise all your defences in that appeal instead, but you then lose the option of opposition at first instance. Opposition only exists in summons proceedings (dagvaardingsprocedure), not in application proceedings.
When does the four-week period start?
The period starts at the first of these moments under Article 143(2) and (3) Rv. Because these moments can occur without you realising it, act on the day a default judgment comes to your attention.
| Starting point | What it means | Example |
|---|---|---|
| Service in person | The bailiff hands the judgment, or a document based on it, to you personally | The bailiff gives you the judgment at your door |
| Act of knowledge | You do something from which it necessarily follows that you know the judgment or its enforcement | You propose a payment plan to the bailiff referring to the judgment |
| Enforcement | In other cases, the day the judgment is enforced | Article 144 Rv: after a public sale, after payment to the creditor in a garnishment, or after eviction |
If the judgment was served at your address but not to you in person, the period does not start on that service. It then starts with an act of knowledge or with enforcement.
If you have accepted the judgment (berusting), for example by declaring that you accept it, you can no longer file opposition (Article 143(4) Rv).
How do you file opposition?
You file opposition by having a bailiff serve an opposition summons (exploot van verzet) on the original claimant. The summons counts as your statement of defence (conclusie van antwoord) under Article 147(1) Rv, so it must contain your full defence from the start.
Under Article 146 Rv, the summons must meet the formal requirements for a summons, and any counterclaim (eis in reconventie) must be stated with its grounds. Collect your evidence before the summons is drafted, because the court decides largely on what is in it.
In cases before the subdistrict court (kantonrechter), you can act yourself or through an authorised representative (Article 79(1) and 80 Rv). In all other cases before the district court, a lawyer must file the opposition (Article 79(2) Rv).
What about the court fee?
If the default was given because you did not pay the court fee, you must pay it by the first court date in the opposition proceedings; otherwise the court confirms the default judgment (Article 147(2) Rv). If you did not appear at all, the court waits until you pay the fee within the statutory term.
Does opposition stop enforcement?
Yes, if it is filed in time and in the correct way, unless the default judgment was declared provisionally enforceable (Article 145 Rv). Most default judgments are, so enforcement usually continues.
In that case, you can ask the preliminary relief judge in summary proceedings (kort geding) to suspend enforcement under Article 438 Rv. Since the Supreme Court ruling of 20 December 2019 (ECLI:NL:HR:2019:2026), the judge weighs both parties’ interests when opposition has been or can still be filed. See our article on suspending enforcement of a judgment.
What should you check as the defendant?
- Write down the date and way the judgment came to your attention: service in person, an act of knowledge or enforcement.
- Calculate the deadline: four weeks, or eight weeks if you have no known address in the Netherlands but a known address abroad.
- Do not make statements or payment proposals that could be seen as accepting the judgment before you have taken advice.
- Check whether the default judgment was declared provisionally enforceable.
- Collect all evidence for your defence and any counterclaim.
- Check whether the case was before the subdistrict court or whether you need a lawyer.
What should you check as the claimant?
- Have the default judgment served on the defendant in person where possible, so the four-week period starts.
- Ask for provisional enforceability in your claim, so opposition does not stop enforcement.
- Keep evidence of any act of knowledge by the defendant, such as letters about payment.
- Prepare your response to the defence in the opposition summons.
What can we do for you with opposition against a default judgment?
Our corporate and litigation lawyers handle opposition proceedings for defendants and claimants.
- We determine the starting date and calculate the exact deadline for your opposition.
- We draft the opposition summons with your full defence and any counterclaim.
- We arrange service of the summons by a bailiff within the deadline.
- We ask the preliminary relief judge to suspend enforcement where the judgment is provisionally enforceable.
- For claimants, we arrange service of the default judgment and respond to the opposition.
Summary
- Opposition is the remedy against a default judgment and is heard by the same court (Articles 143 and 147 Rv).
- The period is four weeks, or eight weeks with a known address abroad only, starting on service in person, an act of knowledge or enforcement.
- The opposition summons counts as your statement of defence, so include everything at once.
- Opposition suspends enforcement unless the judgment is provisionally enforceable (Article 145 Rv).
- You cannot appeal a default judgment yourself (Article 335 Rv).
Frequently asked questions
Can I appeal a default judgment instead of filing opposition?
No. Under Article 335 Rv, the defendant cannot appeal a default judgment; opposition at the same court is the remedy. Only if the claimant appeals can you raise your defences in that appeal.
What if I live abroad?
If you have no known address in the Netherlands but a known address abroad, the opposition period is eight weeks instead of four (Article 143(2) Rv).
Do I need a lawyer to file opposition?
Not in cases before the subdistrict court (kantonrechter), where you may act yourself (Article 79(1) Rv). In other district court cases a lawyer is required.
What happens if I miss the deadline?
The default judgment then stands and opposition is no longer possible. Only in exceptional cases, such as abuse of rights, can the preliminary relief judge stop enforcement under Article 438 Rv.
