Small claims in the Netherlands: subdistrict court or European procedure

If a debtor in the Netherlands owes you a few thousand euros and has stopped responding, you have two realistic routes. You can bring a claim before the subdistrict court (kantonrechter), where you may represent yourself, or, for a cross-border claim up to EUR 5,000, use the European Small Claims Procedure, a written route that also needs no lawyer. This article sets out both routes, what they cost, and how to judge whether a claim is worth bringing.

Which court hears your claim?

Article 93 of the Dutch Code of Civil Procedure (Rv) sends two kinds of case to the subdistrict court. All other civil claims go to the civil division of the district court, where a lawyer is compulsory.

• Value: money claims up to and including EUR 25,000, including interest accrued up to the day the claim is issued.
• Subject matter: tenancy, employment, commercial agency, and consumer sale and consumer credit claims, whatever the amount.

So a tenancy or employment claim worth EUR 60,000 still goes to the subdistrict court, without a lawyer and on the subdistrict fee scale. An unpaid commercial invoice of EUR 30,000 does not, and the economics of pursuing it change completely.

Do you need a lawyer?

No. Under Article 79 Rv you may conduct your own case before the subdistrict court, or use a non-lawyer agent such as a collection agency or union official.

Not needing a lawyer is not the same as not needing advice. If the other side instructs a lawyer, or the facts, a set-off or a counterclaim are disputed, the judge will not fill the gaps in your case. A sensible middle course is to take advice once on the claim, the right defendant and the evidence, and then run the case yourself.

What must you do before you start?

Send a written demand first. Against a consumer, extrajudicial collection costs are only recoverable after a letter that gives at least fourteen days to pay and states the exact costs (Article 6:96 BW); the period runs from the day after the letter reaches the debtor.

The collection costs follow a statutory scale (Besluit vergoeding voor buitengerechtelijke incassokosten): 15% of the first EUR 2,500 of principal, a minimum of EUR 40 and a maximum of EUR 6,775. Against a business debtor the fourteen-day letter is not required, but you still need a demand to put the debtor in default.

You may also claim statutory interest from the date of default (Article 6:119 BW). Between businesses and with public authorities, the higher commercial rate applies (Articles 6:119a and 6:119b BW): the ECB refinancing rate plus eight percentage points, reset on 1 January and 1 July. Use the rate in force for each period, as published on rijksoverheid.nl.

How do you start proceedings?

A Dutch money claim normally starts with a summons (dagvaarding), served on the defendant by a bailiff (gerechtsdeurwaarder) and only then lodged with the court. Under Article 111 Rv the summons must state the claim, the grounds, the defences you expect and your evidence: you must put your whole case at the start.

The bailiff’s fee for service is fixed by decree (Besluit tarieven ambtshandelingen gerechtsdeurwaarders) and indexed every 1 January; service abroad costs more. Some subdistrict claims, notably many employment matters, start by petition (verzoekschrift) filed directly with the court, without a bailiff. See also our overview of the steps in a civil case.

What happens if the defendant does not respond?

If service was correct and the defendant does not appear, the court gives judgment in default (Article 139 Rv) and awards the claim unless it appears unlawful or unfounded. The Netherlands has no separate domestic order-for-payment procedure, so this default judgment is the usual way to turn an unpaid invoice into an enforceable title.

If the defendant files a defence, the court usually holds an oral hearing. The judge questions both parties directly and often explores settlement. Hearings are in Dutch, so arrange an interpreter in advance if needed; an uncontested claim may be decided within a couple of months, a contested one in six months to a year.

What does a small claim cost?

You pay the court fee (griffierecht) at the start, based on the claim value, whether you are an individual or an organisation, and your income. The bands are set in the Court Fees Act (Wet griffierechten burgerlijke zaken), indexed every 1 January and published on rechtspraak.nl; read the current table on the day you issue the claim.

For an individual the fee is flat across a broad middle range of claim values; for an organisation it rises with the value. Claimants on a low income pay the lowest band in every value range on production of income evidence.

The losing party is normally ordered to pay costs (Article 237 Rv), but courts apply a fixed-point scale (liquidatietarief), not the actual legal fees. The court fee and bailiff costs are reimbursed in full; the contribution to legal fees on a claim of a few thousand euros is measured in hundreds of euros, not thousands.

How do you enforce a judgment?

To collect, you instruct a bailiff, who serves the judgment and can attach wages or benefits, bank balances, goods or immovable property. Wage attachment (loonbeslag) is usually the most effective route against an employed debtor; a bank attachment captures only the balance at that moment.

Dutch law protects a minimum income from attachment (beslagvrije voet), so a debtor on a low income may be effectively judgment-proof. Check solvency before you sue: whether a company is still registered and filing accounts with the KVK, and whether an individual is employed or in a debt restructuring scheme (WSNP).

Can you appeal?

Not if the claim does not exceed EUR 1,750: the judgment is then final (Article 332 Rv). Above that, appeal lies to the Court of Appeal within three months, and a lawyer is compulsory, which often makes an appeal uneconomic on a small claim.

How does the European Small Claims Procedure work?

Regulation (EC) 861/2007 creates an EU-wide written procedure for claims up to EUR 5,000, excluding interest and costs, at the time the claim form reaches the court. It is only available in cross-border cases: at least one party must live in a Member State other than that of the court.

A resident of Rotterdam suing an Amsterdam company cannot use it; a resident of Berlin can. The Regulation excludes family law, succession, insolvency, social security, arbitration and employment matters, which rules out many disputes internationals in the Netherlands actually have.

You file Form A with the competent court; in the Netherlands that is the subdistrict court. The defendant answers on Form C within 30 days of service, and the court gives judgment within 30 days of that answer or asks for more information. A hearing is held only if the court cannot decide on the papers, and a lawyer is not required (Article 10 of the Regulation).

The judgment is enforceable in other Member States without a declaration of enforceability, using the Form D certificate. The limits are practical: the procedure suits a well-documented debt, documents must be in the court’s language, and translation can cost close to the value of a small claim. The forms are on the EU e-Justice portal.

Comparing the two routes

What about the European order for payment?

For an undisputed cross-border claim of any amount, Regulation (EC) 1896/2006 is often faster. If your Form A application is in order, the court issues an order for payment (Form E) without examining the merits; the defendant has 30 days to lodge opposition (Form F). Without opposition the order is declared enforceable (Form G) throughout the EU; with opposition the case continues under ordinary civil procedure.

How long do you have to claim?

A contractual claim to payment is time-barred five years after it falls due (Article 3:307 BW), and a damages claim five years after you knew of the damage and the person liable (Article 3:310 BW). The purchase price in a consumer sale is time-barred after only two years (Article 7:28 BW).

You interrupt limitation by starting proceedings or by a written notice that clearly reserves your right to performance (Article 3:317 BW). A new period then starts, so keep the letter and proof of when it reached the debtor, and repeat the interruption in time.

What should you check as a creditor?

The burden of proof lies with the party asserting a fact (Article 150 Rv), which in a small claim means you.

• Do you have the contract, order confirmation or terms, and proof they were agreed?
• Can you prove the invoices were sent and received, and that you delivered or performed?
• Did you send a compliant fourteen-day letter to a consumer debtor before charging collection costs?
• Have you checked the debtor’s exact legal name and solvency in the KVK Commercial Register?
• Do court fee, bailiff fee, translation and enforcement costs stand in reasonable proportion to what you can realistically collect?
• Is the claim still within the limitation period, or did you interrupt it in writing?

What should you check as a debtor who receives a claim?

A summons states the hearing date; if you do not appear, a default judgment follows under Article 139 Rv.

• Check the date in the summons and appear or file a written defence in time.
• Check whether the collection costs stay within the statutory scale and whether a fourteen-day letter was sent.
• Check whether the claim, or part of it, is time-barred.
• Raise any set-off or counterclaim in your first defence.
• Consider an offer of payment in instalments before the hearing to limit costs.

What can we do for you with a small claim?

We assist creditors and debtors with claims before the subdistrict court and in cross-border cases; see also our civil lawyer page.

• We assess your file, the right defendant and the evidence in one advice session, so you can run the case yourself.
• We draft a fourteen-day letter or demand that complies with Article 6:96 BW.
• We calculate statutory interest and collection costs for each period.
• We prepare the summons or the European Small Claims Form A and instruct the bailiff.
• We draft a defence or counterclaim against a claim brought against you.

Summary

• Claims up to EUR 25,000, and tenancy, employment, agency and consumer sale or credit claims at any value, go to the subdistrict court, where you need no lawyer (Articles 93 and 79 Rv).
• Send a compliant fourteen-day letter to a consumer before charging collection costs, and claim statutory interest at the rate for each period.
• A costs order rarely covers a lawyer’s full bill on a small claim, so weigh the numbers and the debtor’s solvency first.
• For cross-border claims up to EUR 5,000, the European Small Claims Procedure is written and lawyer-free; for an undisputed cross-border debt of any size, the European order for payment is often faster.

Frequently asked questions