Legal collection

If the extra-judicial collection fails to achieve a satisfactory solution then the next step is to commence legal proceedings. A number of matters are extremely important in this context:

• How strong is the case? Is there sufficient burden of evidence?
• Is there right of recovery? If a judgement is passed, can it also be executed?
• Should goods be attached before judgement? If so, which goods?

In short: in addition to a shrewd and decisive approach, legal collection requires making a realistic estimation of the opportunities and risks and having the best procurators (litis) and bailiffs. The lawyers at Incasso.com combine years of experience and knowledge with an impressive network both at home and abroad.

Before a file passes from an extra-judicial to a judicial process you first receive a recommendation from us in which we consider your prospects of obtaining a judgement and the enforcement thereof. If the outcome is positive, you instruct us to draw up and issue a writ of summons. The debtor is served notice of this by the bailiff. This is usually the moment when a debtor decides to pay. If the debtor does not defend the action in court he will be judged by default and the judgement can be enforced. If the debtor does defend the proceedings taken against him/her, the viewpoints are exchanged a number of times and the judge then makes a judgement. Increasingly, the parties are also invited to attend a meeting in chambers to arrive at a settlement, or mediation is proposed. It is difficult to estimate the duration of the legal process in advance. A period of 30 days for a default case is quite conceivable and up to 2 years if a lengthy defence case is pursued.

The costs for conducting court proceedings for claims up to a sum of € 5,000 are comprised of:

• costs for drawing up the writ of summons;
• bailiff costs (including the issuing of the writ of summons and appearing as cause-list attorney in the event of a defence);
• court registry fee;
• execution costs for enforcement of a favourable judgement.

In the case of court proceedings (roughly speaking claims of and above € 5,000) there are additional costs for a procurator (litis), in connection with the mandatory proceedings representation. Generally speaking, the costs mentioned are, on the one hand, charged to the debtor by including an extrajudicial costs item in the writ of summons and, on the other hand, these are included in an order to pay the costs of the proceedings, whereby the writ costs and court registry fee, as well as reimbursement for calling in legal aid in accordance with what is termed the "winding–up rate” are awarded. Naturally, in each case we can make a specific estimation, in advance, of the costs that you should take into account.

The court registry fee is a levy (legal dues) that the parties are obliged to pay for the court proceedings. It is also referred to as the "flat standing rate". It is not levied in criminal proceedings.

The court registry fee has to be paid in advance to the court where the case is to be heard. The court registry sends an invoice for this. If the court registry fee is not paid, there is a good chance that the case will not be heard. An attorney-at-law who has been called in will usually advance the court registry fee and subsequently charge it to his/her client. The level of the court registry fee is adjusted periodically.

The last adjustment included in the overviews is that of 1 February 2004.

Court registry fee in civil proceedings

Court registry fee in the subdistrict section

In the subdistrict section only the plaintiff or the petitioner (the person who instigates the proceedings) pays the court registry fee. The defendant pays nothing.

Subdistrict section rates

Court registry fee at the court

For proceedings at the court, both the plaintiff (or petitioner) and the defendant (or the respondent) pay the court registry fees. In general, both parties pay the same amount. With claims above € 45,831 the respondent pays less.

Tarieven rechtbank

• Maximum amounts apply, those for paintiff and defendant can differ;
• With an interim injunction the defandant always pays € 205,00. Other rates apply for the plaintiff.

Reduction of court registry fee

Those on a low or average income, (only in civil and not in administrative cases) can qualify for a reduction in the court registry fees. Depending on the income then only a quarter or half of the court registry fee needs to be paid. Those wishing to be considered must indicate this before commencement of the proceedings (before filing a petition or a writ of summons).

If you have been allocated an attorney-at-law (financed legal aid), he or she will arrange this reduction of the court registry fee on your behalf. If you do not have an attorney-at-law or other legal aid officer (for example, someone from the legal aid office), then you must submit a written request to the court where the case is to be heard. You must include with your request a statement on your income and capital. This statement is available from the municipality.

If you only discover that you qualify for a reduction in the court registry fee after the proceedings have commenced, you may still make a request, but do so immediately. You only have a right to a reduction if you were unable to apply for a reduction in the court registry fee in advance, through no fault of your own.