Opposing a default judgment (verzet) in the Netherlands

If a Dutch court has ruled against you because you did not appear, you can usually still put your side forward by lodging opposition (verzet). The period is four weeks, or eight weeks if you have no known residence in the Netherlands. The main exception: if the court declared the judgment provisionally enforceable, the other party may still enforce it while your opposition is pending.

This article explains what a default judgment (verstekvonnis) is, how you can still repair a default before judgment is given, how opposition works and which periods apply. It also explains why opposition is not available in application proceedings.

What happens if you do not respond to a writ of summons?

If you do not appear on the date stated in the writ of summons (dagvaarding), the court will normally grant default (verstek) against you.

A writ of summons starts civil proceedings. It sets out the claim, the grounds for it and the date on which you must appear. Under Article 139 of the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering, Rv), the court grants default if the defendant does not appear and the summons was served correctly. The court then awards the claim, unless it considers the claim unlawful or unfounded.

Appearing is not the only requirement: as a defendant, you must also pay the court fee (griffierecht) on time. If you do not, the court can treat your case as if you had not appeared at all. Claims up to 25,000 euros go to the subdistrict court (kantonrechter), where you may appear yourself. Above that amount the case goes to the district court (rechtbank), where you must be represented by a lawyer.

Can you still repair a default before judgment is given?

Yes. As long as the court has not yet given the default judgment, you can repair the default (verstek zuiveren) by appearing after all and paying the court fee.

There is usually some time between the day default is granted and the day the court gives judgment. If you repair the default within that window, the case simply continues as an ordinary defended matter. This is often the quickest and cheapest way to put your defence forward, so act as soon as you realise you missed the date.

How do you lodge opposition against a default judgment?

You lodge opposition by having a bailiff (gerechtsdeurwaarder) serve a writ of opposition (verzetdagvaarding) on the claimant. This reopens the case before the same court that gave the default judgment.

The writ of opposition must set out your defences against the claim: why, in your view, the court should not have awarded it. It has to meet the same formal requirements as an ordinary writ of summons. Before the district court, a lawyer must draft and file it; before the subdistrict court you may in principle act yourself, though the formal requirements still apply.

Once you have lodged opposition, the case continues as if you had defended yourself from the start. The claimant can respond to your defences, and the court reassesses the whole dispute. It can confirm, amend or set aside the earlier default judgment.

Within what period must you lodge opposition?

Under Article 143 Rv, the period for opposition is four weeks. If you have no known residence or actual place of abode in the Netherlands, the period is eight weeks.

The period can start at three different moments: when the default judgment is served on you in person by a bailiff; when you do something from which it necessarily follows that you know about the judgment or its service, such as paying part of the amount after service; or on the day the judgment is enforced against you.

There is no order of priority between these three moments: whichever starts first is the one that counts. In practice, this means you should not wait for formal service if you already know about the judgment through another route. The full text of the Code of Civil Procedure is available on wetten.overheid.nl.

Does opposition stop enforcement of the judgment?

In principle, yes: lodging opposition suspends enforcement of the default judgment. That changes if the court declared the judgment provisionally enforceable (uitvoerbaar bij voorraad), which is common in default judgments.

In that case, the claimant may enforce the judgment directly, for example by having a bailiff attach your bank account or salary, even while your opposition is pending. To stop enforcement in the meantime, you need a separate procedure, such as summary proceedings (kort geding) against enforcement. Courts only grant that in exceptional circumstances.

What if you miss the period for opposition?

If you do not lodge opposition in time, you can no longer put your defence forward in that case, and the claimant can enforce the judgment. That is why the period matters so much.

Whether another remedy is still open depends on the circumstances, such as how and when the judgment was served. Do not assume the matter is closed, but do not assume there is still a way out either: get advice as soon as you receive the judgment or notice any enforcement step.

Can you lodge opposition in application proceedings?

No. Opposition is only available in proceedings started by a writ of summons. In application proceedings (verzoekschriftprocedure) the court does not give default judgments, so there is nothing to oppose.

Application proceedings start with a petition addressed to the court rather than to the other party. The court sends a copy to interested parties and gives them the chance to respond. If you do not respond, the court can still decide on the petition; the law does not require it to grant the petition, but in practice an unopposed petition is often granted.

If you disagree with the decision, your remedies are an appeal (hoger beroep) to the court of appeal (gerechtshof) and, after that, an appeal in cassation to the Supreme Court (Hoge Raad). Under Article 358 Rv the appeal period in application proceedings is generally three months, though shorter periods apply in some case types. Check the period that applies to your decision straight away.

How does this work in practice?

An illustrative example: a consumer who moved abroad does not receive the writ of summons in time and first learns of the judgment when a bailiff attaches his Dutch bank account. The eight-week period may then run from that act of enforcement, leaving little time to act.

An illustrative example: a company director ignores a summons about a disputed invoice because she is confident the claim is unfounded. The court awards the claim by default. By lodging opposition within four weeks, the company can still have the dispute assessed on its merits.

In summary

• If you do not appear or do not pay the court fee, the court will usually grant default and award the claim.
• Before judgment is given, you can repair the default by appearing after all and paying the court fee.
• Against a default judgment, you can lodge opposition within four weeks, or eight weeks if you have no known residence in the Netherlands (Article 143 Rv).
• Opposition suspends enforcement, unless the judgment is provisionally enforceable.
• In application proceedings there is no opposition; the remedies are appeal and cassation.

Frequently asked questions

Can I still negotiate with the claimant after a default judgment?

Yes. Lodging opposition does not rule out a settlement. Parties often agree on a payment arrangement once the case is reopened, before the court needs to decide again.

Do I need a lawyer to lodge opposition?

Before the district court, yes: a lawyer must draft and serve the writ of opposition. Before the subdistrict court you may act yourself, but the same formal requirements apply, so advice is still useful.

At Law & More we draft writs of opposition and defend clients in civil proceedings before the subdistrict court and the district court. Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.