Ordinary proceedings (proceedings on the merits) are in first instance conducted before one of 19 Dutch District Courts. AMS Attorneys (based in Amsterdam) advises to start proceedings on the merits when the debtor may dispute the claim on arguable grounds (such as a defence that delivered goods were defective).
The proceedings start with a writ of summons, that contains the claim and its grounds. The writ is drafted for you by your Dutch attorney from AMS. The final writ shall be served on the debtor, calling the debtor to appear in court on a set date. Depending on the amount and the nature of the claim, the defendant can appear either in person – or voluntarily represented by an attorney – or should be represented by an attorney (solicitor). On the set court date, the defendant has to file its written defense (the proceedings are, unless stated otherwise, conducted in writing), or ask for a postponement to do so. When the written defense is filed, the court usually schedules a court hearing, on which all parties must appear. After the court hearing, the court will issue a judgment. This judgment is, in most cases, subject to appeal. Proceedings on the merits usually take 6 to 12 months to be completed before the district court.
AMS Attorneys is a law firm in Amsterdam, The Netherlands. The litigation lawyers with AMS have gained a broad experience in advising and litigating for (international) companies and individuals. Dutch law firm AMS is located near Schiphol Airport (10 minutes by car or train). Our attorneys provide legal services for clients throughout the world and have gained a broad experience in advising and litigating. AMS’s lawyers focus on corporate law, real estate law, commercial tenancy law, employment law, insolvency law, construction law, debt collection and contract law. The attorneys are highly involved with their client’s interests and offer a sharp and transparent fee structure.