Malmberg Waling only litigates in civil matters. In the event of a civil procedure, court fees are due both by the plaintiff (or petitioner) and by the defendant (or respondent) who appeared in the matter.
In the event of civil procedures initiated by writ of summons (“dagvaarding”) the court fees become due on the day that the matter is first introduced with the court: this is the first session before the docket judge. This session is held on the day mentioned in the writ of summons. For the avoidance of doubt: the court fees do not become due on the day that the writ of summons is served upon the defendant. In the event of civil procedures initiated by a petition (“verzoekschrift”) the court fees become due on the date the petition is filed with the court.
If the plaintiff (or petitioner) does not pay the court fees within 4 weeks, the matter will not be heard by the court. If the defendant (or respondent) does not pay the court fees, the court will decide the matter without taking into account the defendant’s (or respondent’s) defence. As a result the claim or petition will be awarded. In both cases the court fees will remain due and payable. It is therefore very important that the court fees are paid on time. Malmberg Waling will pay these court fees on your behalf and charge these to you in advance. Please be advised that no writ of summons will be introduced by us with (and no petition will be submitted to) the court, unless the pertinent court fees are received in our firm’s bank account at least two business days before the date that such action is scheduled to be taken.
Click here for an overview of the applicable rates (in Dutch).