Introduction
Application to set aside (verzet aantekenen tegen) a default judgment (verstekvonnis) is a crucial legal remedy that gives defendants a second chance to defend themselves on the merits of the case when the court has ruled in default. If you have received a default judgment because you did not appear in court, lodging an appeal offers you the opportunity to have the case heard on its merits by the same court.
A default judgment is issued when the defendant fails to appear at the hearing and the court awards the claim to the claimant. This has far-reaching consequences: the judgment becomes enforceable and may lead to enforcement measures, even if you had valid defences against the original claim. An appeal against a default judgment must usually be lodged instead of an appeal.
What this guide covers
This guide covers the entire set aside procedure (verzetprocedure), from determining deadlines to drafting a summons. We do NOT discuss appeal procedures or other legal remedies – only the specific process of applying to set aside to default judgements.
Who This Is For
This guide is intended for defendants who have received a default judgment and want to understand their legal options. When you receive a default judgment, it is important to act immediately. The moment you receive the default judgment marks the start of the objection period; swift action is necessary to protect your interests and enable further legal steps, such as an objection. Whether you missed the summons due to a misunderstanding or were unable to appear due to circumstances, you will find concrete steps to restore your legal position. In that case, you can start an apply to set aside to the default judgment.
Why This Is Important
The period to apply to set aside is extremely short – usually four weeks from certain starting dates. Once this period has expired, the default judgment becomes irrevocable and can be enforced without the possibility of a substantive defence. Swift and appropriate action is therefore essential.
What you will learn:
- When and how you can apply to set aside against a default judgment
- The critical deadlines and their starting points
- Practical steps for drafting a notice of verzet
- Costs, risks and success factors of the verzet procedure
Understanding Default Judgments and Verzet
A default judgment is a court ruling in which the judge grants default to the defendant who does not appear in court. According to Article 139 of the Code of Civil Procedure, the judge may grant default if the summoned party does not appear, has not appointed a solicitor (where this is mandatory), or does not comply with formal requirements such as paying court fees in time. A default judgment is pronounced when the defendant fails to appear; as a result, the proceedings continue without the defendant’s defence. In that case, the default judgment is pronounced by the judge at the moment the defendant fails to appear.
When the judge grants default, he awards the claim without the defendant being familiar with the arguments or having been able to defend himself. The judge usually awards the claimant’s claims, even if they are far-reaching, because only a marginal review is carried out. The defendant is convicted in absentia, which means that he is bound by the judgment and may suffer immediate consequences. The default judgment is usually declared enforceable, which means that the convicted party may immediately face enforcement measures.
What is the application to set aside?
An application to set aside is the specific legal remedy against a default judgment available to the defendant who has been convicted in absentia. Unlike an appeal, an application to set aside is dealt with by the same court who issued the original default judgment. The opposition reopens the proceedings completely, as if the default judgment had never been rendered. A party may oppose a default judgment if that party did not appear at the hearing and was therefore convicted in absentia. In the event of opposition to a default judgment, the judge reopens the proceedings and hears the case on its merits.
Lodging an application to set aside is considered a new summons in which the original defendant (now the claimant in the objection) presents their defence against the original claimant (now the defendant in the objection). In order to initiate opposition proceedings, the original defendant must be summoned again. Summoning is the formal calling of a party by means of a written summons to appear before the court. When the defendant receives a summons, he is obliged to respond in a timely manner and appear in court; if he fails to appear, a new default judgment may be issued. This allows the case to be heard on its merits. The application to set aside summons must be submitted to the court that issued the default judgment.
It is important to know the difference between an objection and an appeal: an application to set aside is heard by the same court, while an appeal is heard by the court of appeal.
When is verzet possible?
Verzet is only possible in summons proceedings where a default judgment has been issued. This legal remedy is not available in petition proceedings. The defendants must meet certain conditions: the objection must be lodged in good time and the verzet summons must meet all formal requirements.
After a default judgment, an appeal is not immediately possible; a verzet procedure must first be followed.
Transition: Now that we understand what an appeal entails, let’s look at how the procedure works in practice.
The Verzet Procedure in Practice
The verzet procedure starts with the issuance of a notice of verzet and is treated as a regular civil procedure at the same court where the default judgment was issued.
Drafting a Verzet Summons
The notice of verzet serves as the statement of defence of the original defendant. It must include all defences against the original claim, including any counterclaims (reconventional claims). The solicitor compiles all evidence and legal arguments that can refute the default judgment. A statement of defence serves as your initial defence and must contain all your arguments and any evidence. In addition to defending against the original claim, the defendant may also file a counterclaim or reconventional claim in the opposition proceedings. In doing so, the defendant makes a claim against the claimant, which is dealt with at the same time as the opposition.
It is important that all defences are raised immediately – no additions can be made later. The statement of defence must therefore be complete and well-founded from the outset.
Legal representation required for verzet
The court requires legal representation, so a solicitor must file the opposition. In principle, parties can represent themselves before the magistrate, although legal assistance is strongly recommended given the complexity and time pressure.
Lawyers must act quickly within the opposition period and at the same time draw up a careful opposition summons containing all relevant defences.
Suspensive effect
Verzet does not have suspensive effect – the enforcement of the default judgment can continue during the appeal proceedings. Only a separate request for provisional relief can suspend enforcement. This means that you must comply with the judgment in the default judgment until the appeal proceedings have been completed.
Important Points:
- Verzet reopens the entire proceedings
- All defences must be raised immediately
- No automatic suspension of enforcement
Transition: The timing of the appeal is crucial to the success of the proceedings.
Verzet deadlines and starting points
The verzet period is strict and starts at different times depending on when the defendant becomes aware of the default judgment. The verzet period may also commence when the convicted person performs an act that shows that he is aware of the judgment or its enforcement.
Step-by-step: Determining the verzet period
When to use: Immediately after receiving or becoming aware of a default judgment
- Establish basic rules: Standard four weeks for defendants in the Netherlands, eight weeks for defendants abroad
- Identify the starting point: Determine whether the period starts upon service, act of knowledge, or commencement of enforcement
- Calculate the exact expiry date: Count the weeks from the date on which the starting point occurred
- Schedule the summons for opposition: Ensure that the summons is served in good time before the expiry of the period
Comparison: Different starting points
| Starting point | When | Practical example |
| Service | Bailiff delivers judgement in person | Judgment is handed to you in person |
| Act of notification | Action taken to show that you are aware of the judgment | You contact us about a payment arrangement |
| Enforcement commenced | Enforcement measures are initiated | Your possessions are seized |
The period only starts to run from the moment you actually become aware of the default judgment. An act of acknowledgement must be an action that clearly shows that the defendant is aware of the content and consequences of the judgment.
Transition: Despite clear rules, practical problems often arise when lodging a verzet.
Common Challenges and Solutions
The verzet procedure presents specific challenges that require swift and thoughtful action. After reviewing the appeal, the judge will assess whether the claim is well-founded; if the judge considers that the claim does not meet the legal requirements, it may be rejected.
Challenge 1: Uncertainty about the verzet period
Solution: Make a systematic analysis of all possible starting points and document when you first became aware of the default judgment.
Many defendants receive the default judgment late or are unsure about the exact starting point. A solicitor can help determine the correct time limit by analysing all points of contact and actions.
Challenge 2: Late discovery of default judgment
Solution: Investigate whether there was an act of disclosure or commencement of enforcement that justifies a later starting point.
If the default judgment has been issued but you only discover it late, it can sometimes be demonstrated that the verzet period started later than the original service.
Challenge 3: Costs and litigation risk for the defendant convicted in absentia
Solution: Carefully weigh the chances against the costs and investigate financing options such as legal expenses insurance.
The practice assesses whether the erzet is likely to succeed – if the default judgment appears unlawful or unfounded, an verzet may be successful. In doubtful cases, the litigation risk must be weighed against the potential benefits.
Transition: With the right approach, you can effectively restore your legal position by lodging an appeal in good time.
Conclusion and next steps
Verzet against a default judgment offers an essential opportunity to restore your legal position when you were unable to appear in the original proceedings. The short and strict verzet deadlines make swift action absolutely essential.
To begin with:
- Immediately check the time limit for lodging an objection – count from the date of service, notification or commencement of enforcement.
- Consult a solicitor within 48 hours – the complexity and time pressure require professional legal assistance
- Prepare the verzet summons – gather all evidence and formulate your complete defence against the original claim
Related Topics: After a successful verzet procedure, you can still consider appealing against the new ruling, or, in the event of an unfounded opposition, possibly cassation before the Supreme Court.
Do you need help with verzet or other legal challenges in the Netherlands? Contact Law & More today for a consultation with our expert legal team. We will evaluate your situation and develop a tailor-made strategy to protect your rights and interests. Don’t let a default judgment determine your future – take action now by visiting Law & More and get the professional representation you deserve.