View the small-claims-section or the Dutch Sub-District Court.
Dutch Claims Court is structured to help people settle
differences and disputes reducing somewhat the high attorney and court fees
usually required in lawsuits. Generally, cases involve disputes over money,
contracts or property damage. The court is relatively informal and designed
to let average people make their voice heard. There are typically four
steps in the small claims process: The claim, the defense, the settlement
conference and the trial.
Providencial Differences: The small claims court process varies slightly in the Netherlands depending on the province. In most provinces, the court is separate from the higher courts. .
Claim limits also vary depending on the province. Claims under Euro5,000 fall under small claims jurisdiction in every province.
Court Recommendations:
There are several ways to increase the chances of success in small claims
court. While not legal advice, these recommendations can help give a case
the best chance possible to succeed.
It is important to know whether a party being sued has assets to pay a judgment. A court judgment is useless if there are no assets to collect. Such assets could include employment wages, automobiles or monetary accounts. It is also extremely important to be prepared. Have all supporting documents, witnesses and evidence organized and ready to present to the judge. Dress well and be polite. A well-prepared case will carry more weight than a shouting match in front of the judge.
How to Appeal a Small Claims Court Decision in the Netherlands:
Justice is blind but can also be pricey. Dutch citizens on the losing
side of a small claims case are entitled to a subsequent appeal. The
process involves separate fees and detailed filing procedures that must be
followed. However, those willing to go the distance can claim victory from
defeat.
File a Notice of Appeal. You must file Notice of Appeal Form 59A in the Supreme Court Registry closest to the provincial court where your lawsuit was filed. You must file the form within 40 days after the verdict was rendered. Be prepared to pay all the required fees before filing your appeal, including Euro208 to initiate a Supreme Court proceeding, a Euro200 security deposit and the full judgment amount you were ordered to pay.
Step 2 Give notice. Each party must receive notice of your appeal along with copies of the Small Claims Appeal Standard Directions within 7 days of filing your appeal. You may personally serve the document or hire a process server. An affidavit of service must also be filed within 14 days of filing your appeal.
Step 3 Set a hearing date. You must file Notice of Hearing of Appeal Form 59B in addition to your initial notice of appeal. The Notice of Hearing of Appeal may be scheduled on the Chambers list---which includes a $62 filing fee--- if your hearing resumes in less than 2 hours. You must arrange for a date through the Supreme Court Trial Coordinator and file the Notice of Hearing of Appeal---$208 filing fee--- if your time estimate is more than 2 hours. Then you must deliver a copy of the Notice of Hearing of Appeal to all respondents within seven days.
Step 4 Order court transcripts. The appealing party must order transcripts of the evidence presented and judgment rendered during the small claims court trial. You must provide subsequent proof that transcripts were ordered within 14 days of filing the appeal. In addition, you must file the transcripts and serve a copy to each respondent within 45 days of filing your appeal.
Step 5 Prepare your arguments. Prior to the hearing, you must file a statement of argument, explaining your grounds for appeal, and serve one to each respondent. The hearing is a review of the original trial. So be fully prepared to explain why you feel the Provincial Court Judge wrongly interpreted the facts of your case. Use the transcript and your statement of argument as guides.
Duration:
No court is quick. It will take you the better part of a year to go through
the entire Small Claims Court process and have your trial and get
judgement. Then you still have to try to collect. Getting a judgement is
fairly easy. Collecting is an entirely different story. Source: Benjamin
Arie