Objection to a Default Judgment: What to Do?

Questioner

Good afternoon, the subdistrict court judge has jurisdiction over cases up to an amount of €25,000. If a default judgment has been issued against a person for, for example, €18,000, the defendant has the option of filing an objection by filing an opposition summons. If the defendant has a counterclaim exceeding €25,000, how does this work? The opposition summons must be filed with the same court/judge, but in principle, that is the subdistrict court judge alone, as they will not have jurisdiction to hear the counterclaim. The opposition summons should be considered a statement of defense. A counterclaim can be filed there, assuming it exceeds €25,000. How does this work? What is the possible procedure in that case?

Lawyer

It is certainly possible to object to a default judgment. This must be done within four weeks of service of the judgment or after you became aware of the default judgment, for example, because the execution has been initiated. A notice of objection does indeed effectively concern the statement of defense. A counterclaim (reconventional claim) can also be filed in this case. I am happy to assist you in this matter. Feel free to contact me without obligation.

Lawyer

Following the good advice of my colleague Mr. van den Bosch In a reconventional case, by way of exception to the rule that cases exceeding €25,000 are not dealt with by the subdistrict court, the judge hearing the main proceedings will decide whether to hear the case after all, insofar as the connection between the claims precludes separate hearing. If you'd like, I can assist you with legal proceedings. You can contact me directly using the button next to this answer.

Lawyer

I agree with Mr. Martens that it is possible to file a higher counterclaim. However, I want to emphasize that you must act quickly, as the summons must be served on the opposing party within four weeks and must therefore be submitted in full to the bailiff several days beforehand. And serving an opposition summons is a lot of work, especially with a counterclaim added to the proceedings. Feel free to contact me for more information or assistance.