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Court fees concerning Small Claims procedure - Netherlands

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INTRODUCTION

What are the applicable rates?

How much will I have to pay?

What happens if I pay the court fees on time?

How do I have to pay court fees?

What should I after payment do?

INTRODUCTION

Progress made in the context of the procedure for cross-border small claims (Regulation (EC) No 861/2007, which entered into force on 1 January 2009), Form A submitted to the court which according to the normal rules of territorial jurisdiction is competent. The European small claims procedure is designed to simplify and speed up cross-border claims of up to EUR 2000. The Regulation applies between all Member States of the European Union with the exception of Denmark.

The European small claims procedure is available to litigants as an alternative to the procedures existing under the laws of the Member States. A judgment given in the European small claims procedure is recognised and enforceable in another Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition.

Standard forms have been drawn up for the small claims procedure and are available here in all languages. To start the procedure, “form a” must be filled in. Any relevant supporting documents, such as receipts, invoices, etc. should be attached to the form.

It is a written procedure unless an oral hearing is considered necessary by the Court. The Regulation also establishes time limits for the parties and for the Court in order to speed up litigation. The Regulation provides for seven standard forms. You can complete the online forms. See also, inter alia, information on small claims.

Form A must be sent to the court that has the jurisdiction. Once the court receives the application form it must fill in its part of the “Answer Form”. Within 14 days of receiving the application form, the Court should serve a copy of it, along with the answer form, on the defendant. The defendant has 30 days to reply, by filling in his or her part of the answer form. The court must send a copy of any reply to the plaintiff within 14 days.

Within 30 days of receiving the defendant’s answer (if any) the court must either give a judgment on the small claim, or request further details in writing from either Party, or summon the parties to an oral hearing. If there is an oral hearing, it is not necessary to be represented by a lawyer.

With this form (which might need to be translated into the language of the other Member State), and a copy of the judgment, the judgment is enforceable in all the other Member States of the European Union, without any further formalities. The only reason that enforcement in another Member State can be refused is if it is irreconcilable with another judgment in the other Member State between the same parties. Enforcement takes place in accordance with the national rules and procedures of the Member State where the judgment is being enforced.

For more information on the European small claims procedure or national procedures please select one of the flags listed on the right side.

For additional information, please go to our page on small claims

You can view all filling forms online by applying one of the following links by clicking on it. If you already have a form and saved a draft, you can upload it through Provisional version the button “Upload”. N.B.: Only if you used one screen with high resolution, forms may be filled out online;

Complete a form online: https://e-justice.europa.eu/content_small_claims_forms-177-nl.do

Download a blank form https://e-justice.europa.eu/content_small_claims_forms-177-nl.dohttps://e-justice.europa.eu/content_small_claims_forms-177-nl.do

What are the applicable rates?

The applicable rates for 2016 are subdivided as follows:

Nature of the amount of the action or application

Court registry fee non-natural persons

Court registry fee for natural persons

Court registry fee for onvermogenden

Cases relating to a receivable or a request:

— of indeterminate value or

— with a limit of not more than

EUR 500

EUR 117

EUR 79

EUR 79

Cases relating to a receivable or a request with a sum in excess of

EUR 500 and does not exceed EUR 12.500

EUR 471

EUR 223

EUR 79

For more information, refer to: Link opens in new windowRechtspraak.nl and Legal Aid CouncilLink opens in new windowhttp://www.rvr.org

How much will I have to pay?

The amount of the court fee depends on the action or application see also: What are the applicable tariffs.

What happens if I pay the court fees on time?

The court fees should be paid in advance. Payment after 1 month in question remains, it is planned that dismissal of body and is therefore not considered.

How do I have to pay court fees?

A account may by way of a transfer, sent (either electronically or not).

What should I after payment do?

After payment the defendant notice and requested the reply form and return it.


This is a machine translated version of the content. The owner of this page accepts no responsibility or liability whatsoever with regard to the quality of this machine translated text.

Last update: 28/04/2016