Strategic Advice on Legal Issues

Questioner

Hats off to the initiators of this site, and to the lawyers who contribute. A great concept, which gives practical support to the motto, 'Everyone is expected to know the law'. My question is strategic in nature, process strategy. Area: Rented real estate. Background: Plaintiff and defendant former partners, private individual. Plaintiff tries what defendant previously did successfully, gets stuck a year later, and claims damages from defendant with weak evidence. Claimant: financially weak, almost bankrupt, claims amount for canton, NL citizen, lives outside NL, has lawyer who has reported to defendant. Low income but existing assets probably frustrate addition. Defendant: financially strong, potential counterclaim above the subdistrict court with 'compelling evidence', Dutch citizen, lives outside the Netherlands, has not (yet) responded to the lawyer's letter. Who can provide a brief strategic framework based on the above? For example: - Do not respond, force the plaintiff in court fees, put the plaintiff's lawyer under pressure, his income is highly uncertain. etc. etc. - After summons: the plaintiff's cards are on the table, then X, Y or Z. - If there is a default, you can still file a counterclaim within 4 weeks, so again the plaintiff will have to pay costs, etc. etc. - Reconvention above the subdistrict court, so to court etc. etc. I know this is very difficult without details. However, I am curious about the thoughts of talented lawyers in the group. Life is sometimes surprising. Disclaimer: At no stage will you be held accountable for the quality of your input, or given a bad review. Questioner takes full responsibility for own decisions or advice taken.

Lawyer

Regardless of the fact that I am not aware of the legal basis for the claim for damages, it is wise to put up a defense, both extrajudicial and judicial. You state: claim amount for subdistrict court. I understand from this that the claim for damages was filed by summons with the subdistrict court. If you do not put up a defense, the claim will be granted - by default - unless it appears unlawful to the court. If there is no summons yet, I advise you to submit a defense in writing and also indicate that there is a counterclaim. If you were already planning to take your claim to court, then the challenge is to do so if the other party withdraws, but there is a possibility of recovery. Strategically, it is smart to have the other party summoned to appear before the subdistrict court. You can then submit your counterclaim in reconvention, even if that claim exceeds the jurisdictional limit of the subdistrict court, in the same procedure, if the claim is 'related' to the main claim. Ergo: I advise to make a short defense to the letter of the (lawyer of the) opposing party and also to indicate briefly that you certainly have a counterclaim. You can then best conclude with: I look forward to a legal procedure with confidence, with liability of the opposing party for the costs. If you have a significant counterclaim, it may be wise to take legal action yourself and see whether a precautionary attachment can be imposed.