Going to the kantonrechter yourself: litigating without a lawyer

For many everyday disputes in the Netherlands you do not need to hire a lawyer. Before the kantonrechter (the sub-district judge) you may argue your case yourself, or have someone represent you who is not a lawyer. That makes going to court more accessible, but not automatically simple. Here is what to know before you start.

Which cases go to the kantonrechter

The kantonrechter is a single judge sitting within the district court. According to the Dutch judiciary, in civil matters the kantonrechter hears:

• claims up to and including €25,000;
• employment cases, whatever the amount;
• tenancy cases, whatever the amount;
• consumer purchase and consumer credit cases.

If your case is for a higher amount and does not fall into one of these categories, it belongs to the civil division of the district court, where a lawyer is mandatory.

No lawyer required

Before the kantonrechter you do not have to hire a lawyer. You can conduct the case yourself or be represented by an authorised representative (gemachtigde): a lawyer, but also a legal adviser, someone from a debt-collection agency or your legal-expenses insurer. Give a representative who appears for you at the hearing a written power of attorney. The same applies to summary proceedings (kort geding) before the kantonrechter, for example in a tenancy case.

Note, however, that if you want to appeal to the court of appeal afterwards, a lawyer is required.

Two ways to start

Writ of summons (dagvaarding). Most cases, such as an unpaid invoice or a damages claim, start with a writ of summons. It states whom you are summoning, what you claim and why. You may draft it yourself, but only a court bailiff (gerechtsdeurwaarder) may formally serve it on the other side. This usually has to happen at least a week before the procedural hearing (rolzitting), sometimes earlier. You (or your representative) then send the served summons to the court. Attach copies of your evidence, numbered and with an index. You can find a bailiff in the register of the KBvG, the Dutch bailiffs' association.

Petition (verzoekschrift). Some cases start with a petition, a letter to the kantonrechter. That is the case, for example, when an employee starts dismissal proceedings themselves. You send the petition to the court yourself, with a copy for the other side; no bailiff is needed for that.

At the procedural hearing the judge checks whether the other side has responded. If it has not, the judge can give judgment by default. The other side can oppose that judgment (verzet) within four weeks, after which the case is heard on the merits after all. If it has responded, there is usually an oral hearing at which both sides tell their story.

Costs

You pay a court fee (griffierecht). In a kantonrechter case only the party who starts the case pays it; the defending party does not. The amount depends on the value of your claim and on whether you are an individual or an organisation. On a low income you may qualify for a reduced rate; for that you include a legal aid certificate (toevoeging) or an income statement from the Raad voor Rechtsbijstand (Legal Aid Board). The current amounts are in the fee table on rechtspraak.nl.

On top of that come the bailiff's costs for serving the summons. If you lose, the judge can order you to pay the other side's legal costs.

Before you start

Write down your account in the order things happened, with the documents attached: the contract, the invoice, the emails, the reminder. First send the other side a clear letter with a deadline; it shows you tried to resolve the matter without a judge. If you are unsure whether your case is strong enough, or the other side does have a lawyer, a single conversation with a lawyer or with Het Juridisch Loket (the free legal advice service) can make a real difference.

This page is general information about how these matters usually work in the Netherlands. It is not legal advice about your own case, and only a lawyer who has read your documents can give you that.