Assistance with civil proceedings | Rechtswinkel.nl

Questioner

My neighbours have started civil proceedings against me, which means I am obliged to hire a lawyer. Because the issue concerns two trees, the costs involved are limited to a maximum of 750 euros and is a regular subdistrict court judge sufficient and therefore the civil court has no jurisdiction? How can I obtain my rights without being forced to pay high costs? I am sufficiently capable of writing a defence myself.

Lawyer

You are not obliged to hire a lawyer. You can conduct your own defense if you wish. You wait for the summons and can respond to it in writing or orally. However, if you unexpectedly wish to be assisted, that is possible. If you wish, please contact me directly for consultation.

Questioner

I already received the summons yesterday and that is for the civil court, not the subdistrict court. The summons states that I am obliged to involve a lawyer on my behalf in the legal proceedings. An initial estimate of a consulted lawyer comes to a cost item of approximately 4000 euros if he cannot have the civil court declared incompetent. Even to transfer the case to a subdistrict court, a lawyer must be involved at 250 euros per hour excluding VAT.

Lawyer

Aha, that changes things. If a lawyer is required, you can't avoid it and you have to look for a lawyer who is willing to do this at a low cost. You may be eligible for funded legal aid based on your income.

Lawyer

Yes, yes, but your lawyer must then provide a preliminary defense, an exception of incompetence, the costs of your success and conviction of the other party will be for your neighbors, who are now forcing you to pay high costs.

Lawyer

If you have been summoned before the Civil Section, you cannot avoid hiring a lawyer if you want to defend yourself. Unfortunately, that is not the case. Regarding the costs: 1. legal aid -> see website of the Legal Aid Board; 2. at own expense: a. hourly rate; b. fixed price There are enough lawyers willing to act at a lower hourly rate or to agree on a fixed price. I would also inquire with another lawyer. I also think the first consultation is free