Legal Assistance with Debts and Judgments

Questioner

Please pay attention to the following. In 1993, my girlfriend at the time and I borrow 30,000 guilders from a bank through an intermediary. Although it concerns a repayment of debts that she has incurred, I sign. Incidentally, the intermediary does not check any data. We can even borrow 50,000 guilders if we want. Despite my meager income and her sickness benefit. A few months later we broke up. I moved out, a year later There is an angry message from my ex on my answering machine saying that she had to pay for the debt. In 2012 I receive a letter from a bailiff. I have to pay 28,000 euros following a judgment from 1995. This is the first time I hear about this. It comes as a bit of a shock. On the advice of the Legal Helpdesk, I am sending a letter in which I state that the debt has expired. Referring to article 3:307 bw The bailiff denies this. Referring to article 3:324 BW. And threatens with wage garnishment. I am contacting a legal advisor. We are drafting a summons. In July 2013 there is a hearing. No representative of the bank is present at this hearing. An employee of the bailiff and a lawyer are. My lawyer expresses her surprise at this. The employee of the bailiff states that he represents the bank. The hearing lasts approximately one and a half hours. The bailiff cannot prove in any way that there is a debt. And states that I was unreachable. My lawyer contradicts this by referring to a printout of the population register. In September 2013 there is a verdict. The judge annuls the 1995 verdict due to prescription. And awards me an amount. In summary. Bailiff bought a judgment. About a debt that no longer existed. A case that hung over my head like the sword of Damocles for a year and ultimately cost me 5000 euros in legal advice. Not to mention the impact on my life. The awarded amount is in my opinion a tip. Question: Is it possible to get all costs incurred reimbursed by the bailiff or the bank?

Lawyer

The ruling determines how much the other party must pay in legal aid costs. Unfortunately, in the Netherlands, the costs that someone must make are always much higher than the compensation that the judge awards. The difference is always for your own account and you cannot recover the costs incurred from the bank or the bailiff.

Questioner

Thank you for your answer. The fact remains, of course, that the bailiff bought a judgment. However, the bailiff's employee claimed to be acting on behalf of the bank. The bank has therefore given the bailiff an assignment. So I will contact the bailiff for a copy showing that they are authorized to collect this claim for the bank. The reason: I would like to know why the bank is instructing the bailiff to collect a loan that has already been paid. I am curious about the bailiff's response.