A default judgment can have serious consequences. It means that the court has delivered a ruling because you did not appear or did not file a defence in proceedings. Many people are unaware that they can still take action against this. Fortunately, the law provides the possibility to file an opposition and still have your side of the story heard.
In this article, we explain what a default judgment is, what the consequences are, and how you can challenge it.
What is a default judgment?
A default judgment is rendered when you:
Did not appear at the hearing after receiving a summons.
Did not file a statement of defence after receiving a petition.
The court then automatically assumes that the opposing party's claim is correct. You lose the case without your story being heard.
A default judgment is therefore not a substantive assessment, but a ruling made in your absence.
Consequences of a default judgment
You are ordered to comply with what the opposing party demands (for example, payment, eviction, or performance of a contract).
You usually also have to pay the court costs and bailiff's costs.
The judgment can be enforced immediately, for example through attachment of wages or bank accounts.
How can you challenge a default judgment?
The law provides the possibility to file an opposition. This means you still get the opportunity to present your position.
Conditions for opposition:
You must file opposition within 4 weeks after service of the default judgment.
If the judgment has not yet been served, a period of 8 weeks after the ruling applies.
You usually need a lawyer to file opposition.
How does opposition against a default judgment work?
Drafting the opposition summons
Your lawyer drafts an opposition summons stating why you disagree with the default judgment.Filing with the court
The summons is served by the bailiff and filed with the court.New proceedings
New proceedings commence, in which you can now present your defence.Court ruling
The court reassesses the case, this time including your arguments.
Examples from practice
Example 1 (debt case): An individual received a default judgment ordering payment of EUR 10,000. In opposition, we were able to demonstrate that half had already been paid. The court significantly reduced the claim.
Example 2 (tenancy case): A tenant was ordered in default to vacate the property. In opposition, a payment arrangement was agreed upon, allowing the tenant to remain in the property.
Example 3 (collection case): A self-employed professional received a default judgment for a disputed invoice. During opposition, we were able to demonstrate that the agreement had never been properly concluded. The claim was dismissed.
Checklist for a default judgment
Read the judgment carefully: what has been decided?
Check the deadline: 4 weeks after service, 8 weeks without service.
Engage a lawyer immediately.
Have an opposition summons drafted.
Gather evidence and arguments for your defence.
Common mistakes
Assuming that a default judgment is final and irrevocable.
Filing opposition too late, causing the ruling to become irrevocable.
Conducting proceedings yourself without knowledge of deadlines and procedural law.
Failing to collect evidence to support your position.
Frequently asked questions (FAQ)
1. Can I always file opposition against a default judgment?
Yes, provided you remain within the statutory time limits.
2. Do I need a lawyer for opposition?
In most cases, yes, particularly at the district court level.
3. Can attachment be levied during opposition?
Yes, the judgment remains enforceable. However, your lawyer can attempt to have this suspended.
4. What does filing opposition cost?
That depends on the case. In some instances, your legal expenses insurance covers the costs.
5. Do I have a chance of success in opposition?
That depends on the merits of your case. A lawyer can assess this for you.
Why Arslan Advocaten?
Specialised in opposition against default judgments
Experienced in expedited court proceedings
Regularly achieve reduction or annulment of judgments
Prevention of further costs and attachment
Conclusion
A default judgment does not mean that you have lost all hope. By filing opposition in good time, you can still present your side of the story and often achieve a much better outcome. However, it is important to take immediate action and seek legal assistance.