Litigation and legal representation
When are legal proceedings necessary?
Amicable processes sometimes reach a dead end. A debtor fails to pay after repeated demand letters, a counterparty does not comply with an agreement, or you yourself receive a summons. In such cases, court action is sometimes the only remaining route — yet also the most effective, provided it is well prepared and well conducted.
Van den Bosch | Advies & Incasso guides and conducts court proceedings in the area of law of obligations and civil procedure law. We act for both the claimant and the defendant — including where the counterparty is a private individual. Litigation is distinct from extrajudicial debt collection within the meaning of the Quality of Debt Collection Services Act (Wki).
This page provides general information. Your specific case warrants a tailored assessment.
As the claimant
Do you wish to enforce a claim through the courts or have your rights under an agreement upheld? We can assist with:
- Assessment of your legal position — evidential value, limitation periods, applicable law and the risk of success.
- Drafting a summons for the district court or the court of first instance, depending on the nature and extent of the claim.
- Summary proceedings where there is urgent need (interim relief).
- Merits proceedings for a definitive judgment on the legal relationship or damages.
- Cooperation with enforcement officers for service of documents and — following judgment — enforcement.
As the defendant — you have been served with a summons
Have you received a summons? Do not respond too late: deadlines in civil procedure law are strict. We offer:
- Urgent assessment of the summons — its content, jurisdiction, deadlines and your legal position.
- A statement of defence and — where appropriate — a counterclaim.
- Assistance at the hearing and any further reply / rejoinder stages.
- Advice on settlement versus continuing proceedings — weighed against the likelihood of success, costs and timeframe.
See also legal advice regarding your position before submitting documents.
Connection with other services
Litigation rarely stands alone. Many matters begin with an amicable debt collection file or a rent arrears case, and escalate when the debtor does not respond. After judgment — if the counterparty still fails to pay — cooperation with an enforcement officer for execution is the logical next step. We guide you through the entire process.
Frequently asked questions
What is the difference between merits proceedings and summary proceedings?
Merits proceedings examine the case on its substance and result in a definitive judgment. Summary proceedings are urgent proceedings for interim relief; the judgment is of a provisional nature. The appropriate route depends on urgency, the strength of the evidence and the intended outcome.
Can I be represented if I have received a summons?
Yes. We assess the summons as to its content, deadlines and evidential position, draft a statement of defence and assist with further steps — including any counterclaim or settlement.
Do you also conduct proceedings against private individuals?
Yes. Litigation is distinct from extrajudicial debt collection within the meaning of the Wki. We can conduct or assist with proceedings where the counterparty is a natural person.
How does litigation relate to debt collection?
Extrajudicial debt collection seeks to obtain payment amicably, without the intervention of a court. If that fails, court proceedings provide an enforceable title enabling an enforcement officer — after judgment — to compel payment. We guide you through the entire process.
Instruction or enquiry
Litigation / issuing a summons Legal representation: I have been served with a summons
Or call 030 – 87 88 524 for an initial orientation.
The district court procedure as a timeline
