Assistance with legal costs after summary proceedings

Questioner

I lost summary proceedings in the court of Middelburg and have been ordered to pay the other party (including the costs of his lawyer). I have requested the other party's lawyer for an itemized invoice (this in connection with possible VAT). The other party's lawyer does not want to comply with my request. What can I do to still receive the itemized invoice (after all, I have to pay it)?

Lawyer

It is unfortunate that you have lost the case. However, you cannot require the opposing party's lawyer to send you an itemised invoice. The judgment of the judge in summary proceedings is the basis for your payment obligation, states the amount that you must pay and is also an enforceable title that can be used if you do not pay. The award of costs does not include VAT. The opposing party can use this to pay the invoice that it receives from the lawyer. However, this is beyond your control.

Questioner

I have been sentenced to pay: summons 79.35 court fee 619.00 lawyer salary 816.00 is there no vat in this 816.00? is a lawyer not liable for vat? does the other party then pay the vat on the lawyer's salary? does the successful party also have costs?

Lawyer

There is indeed no VAT in that. It is a contribution that you must pay towards the costs of the other party. The lawyer must pay VAT on the fee that he charges your other party. He will also have charged that to his client. However, that is beyond your control. You have no right to inspect that invoice. You only have to pay the award of legal costs, which does not include VAT.