Written by Kees Post
29 April 2023
One day you receive a letter from the court with a default judgment in which you have to pay a substantial amount of money. You may not even have known that a lawsuit was pending against you. In any case, you did not appear in the lawsuit, but a judgment was rendered against you.
Fortunately, there is an option to appeal the ruling. We can help you do this and explain in this article what all you need to be aware of.
Whether you have a are an individual or run a business, Breyta is there for you.
We provide you with practical tips and guidelines so that you successfully exercise your right of defence.
Here are the five most important points about resistance summons, default judgment and opposition
- What a resistance summons is and when it is used.
- How a default judgment is rendered and its consequences.
- What it means to oppose a default judgment.
- How our collection agency can help write a resistance summons and offer resistance.
- Important tips and advice for dealing with a resistance summons and default judgment.
What is a writ of opposition?
A resistance summons is a document that allows you to opposing a judgment in absentia that has been pronounced by the court.
By doing so, you make it known that you do not agree with the judgment in absentia and that you want to challenge it. Even if you partially agree with the default judgment, it may be advisable to file an objection.
Indeed, in a default judgment, only the plaintiff's evidence or story has been addressed by the court. There are often more sides to the story.
By filing an opposition, the court reopens the proceedings and you get the chance to tell your story too, which means the verdict could end up being different.
There are several conditions to filing an opposition. One of them is that you have to make the opposition within four weeks after you became aware of the verdict should institute.
There are several requirements in the law that clarify when the renunciation period begins to run. We will come back to this later.
Let us relieve you of all your worries when drafting an opposition summons and providing the right legal support. Maximum results!
What is a default judgment?
A default judgment is a court ruling where the defendant was not present during the trial. This is why it is also called: judgment by default.
Has this happened to you? Perhaps you were not aware of the hearing or did not attend for a good reason. If so, this could have unpleasant consequences for you.
The default judgment is then based only on the plaintiff's arguments. Chances are, the judgment will have turned out to your disadvantage.
Annoying, but no worries! As a collection agency, we are here to help you. We can provide a prepare a writ of opposition for you.
However, it is vital to take action quickly. If you are facing a default judgment, get advice from us today.
Contact us directly and our legal experts will be happy to provide you with professional advice.
Clearing a default judgment
The first step to clear a default judgment is to file an opposition to the default judgment. This opposition must be filed within four weeks after the opposition period begins to run. The second step is to go through the opposition procedure.
When does the renunciation mine start running?
The revocation period does not start right after the court's ruling. This requires an 'act of familiarity'. This can be done broadly in three ways:
1. Personal delivery of the Signature of Judgement or (foreclosure) attachment.
The bailiff will serve the judgment or an attachment on you, in person. This means that the bailiff will hand over the documents in person. If you are not at home and the bailiff leaves the documents through the letterbox, the opposition period does not start yet.
2. Email or phone call with act of familiarity.
For example, you send an e-mail to the bailiff indicating your disagreement with the judgment or suggesting a settlement. This can be used by the other party as an act of familiarity. The four-week period begins to run from then on.
3. Attachment has been made and this has 'hit the mark'.
This is the case, for instance, if your bank account has been seized and the money in it remitted to the bailiff. As soon as the money has been paid to the bailiff, the cancellation period also starts here. This may also be the case with the first remittance after wage garnishment or attachment of your other property.
As can be read, quite a few variables are possible. Are you in doubt as to whether an opposition is still possible or to file an appeal? If so, get in touch as soon as possible to avoid the judge's ruling becoming irrevocable.
Starting opposition proceedings
Have you received a default judgment with which you disagree?
Then it is time to take action. With a writ of opposition you can appeal the judgment and request a new assessment of the case.
But what should you pay attention to when drafting such a summons?
Here are six essential steps to help you write a persuasive opposition subpoena.
Resistance procedure roadmap
Understand the requirements for a resistance summons
To draft a resistance summons correctly, you must first understand the legal requirements. Make sure you have all the necessary information, such as the names and addresses of the plaintiff and defendant and a clear description of the reasons for the opposition.
Gather the necessary information
Make sure you have all the documents and information relevant to your case.
This helps to substantiate the grounds for opposition and convince the court that there are grounds to review the earlier judgment.
Formulate grounds for opposition
Make it clear why you disagree with the earlier verdict and why you think the case should be reassessed.
Make sure your arguments are factual and legally sound.
Consider seeking legal advice to help you formulate strong arguments.
Use the right formats and structure
Make sure you use the correct legal terminology and structure when drafting the opposition summons.
This will ensure that the summons meets the formal requirements of the court.
Consult legal reference works or enlist our help to make sure you use the right structure and layout.
Check resistance summons carefully
Before filing the opposition summons, it is important to check it carefully for errors or omissions.
Any inaccuracies or incomplete information may lead to delays in the procedure or even rejection of the opposition.
Ask us to check the opposition summons before you file it.
Contact a bailiff
As a final step, a bailiff must serve the summons on the opposing party.
The bailiff will ensure that the summons is properly delivered so that the opposition proceedings can formally start.
Contact us as soon as possible to have the summons properly served on the opposing party.
Using these six steps as a guide, you will confidently go about drafting a resistance summons to argue your case again.
Remember that legal matters can be complex and it is always wise to seek professional advice if you are unsure about the next steps.
What are the consequences of a default judgment?
A default judgment can have quite nasty consequences for the defendant, such as seizure of assets or a payment plan.
It is therefore very important to file an opposition quickly. This will still give you as a defendant a chance to defend yourself which will hopefully prevent unnecessary costs and action.
Want help with this? Engage us.
We advise on the steps to take and write the opposition summons for you. By filing an opposition in time, a solution acceptable to all parties can be sought.
Avoid surprises and engage us on time!
What does it cost to have an opposition procedure drafted?
We have extensive experience in litigating against default judgments but also in obtaining default judgments. As a result, we know how the knife can cut both ways.
As every case is different, we make a tailor-made proposal in your case. You can hire us at based on hourly rate or in most cases also for a fixed price which we determine based on the information you provide to us.
We only start working after your agreement. Contact us now to discuss the possibilities.
What is the difference between opposition and appeal?
When a verdict has been rendered against you, there are two options to enter a defence. But what is the difference between resistance and appeal? Although these terms are often used interchangeably, they are two different procedures.
- Resistance is designed to defend against a default judgment if you was not present at the treatment of the case. By filing an opposition, you get another chance to defend your position.
- Appeal is designed to defend against a judgment in which you well was present but disagree with the ruling. On appeal, the case is heard again by a higher court where new facts and circumstances can be argued.
Our collection agency can help you make the right choice and advise you on the steps to follow.
Can a bailiff execute execution acts when opposing default judgment?
Yes, the bailiff may still take enforcement measures, such as seizing property or income, even after filing an opposition.
But in most cases, we come up with the bailiff agree that enforcement measures are suspended, while the default proceedings are ongoing.
Contact us as soon as possible to avoid enforcement action.
Can I write a writ of opposition myself?
This is possible. If you have no experience with this yourself and are not legally literate, we advise against writing a writ of opposition yourself.
A small mistake is enough to affect the outcome of the case. We are happy to assist you to avoid this. You can hire us to conduct the full proceedings or provide advice if you want to conduct the proceedings yourself.
Within one working day you will receive an advice and cost estimate. Completely free of obligation. We only start working after your approval.
Sparring about your debt collection case?
Feel free to call us at 033-785 8470.
Then we will discuss the best approach together.
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Frequently asked questions on resistance and default summonses
What are the court fees of a writ of opposition?
The court fees have already been paid by the plaintiff when the proceedings were started.
The plaintiff will now try to recover the court fees from you. You will find the court fees civil back here.
How does an opposition procedure work?
You can go through the course of an opposition procedure step by step in our explanation of the opposition procedure.
What is a resistance case?
A resistance case is a procedure that can be started when a default judgment has been pronounced.
This means that the defendant opposes the judgment and asks for a new hearing of the case.
Does opposition have a suspensive effect?
Yes, opposition does indeed have a suspensive effect, when opposing a judgment in absentia.
Execution of the judgment is suspended until a new verdict is reached in the court case.
How long after a judgment has been handed down can you appeal?
Within four weeks, after you become aware of verdict, the objection period starts running.
Read on which three ways you can become familiar with a judgment.
How long after a judgment has been handed down can you appeal?
Within 4 weeks, after you become aware of judgement, the opposition period starts.
Read on which 3 ways you can become familiar with a judgment.
What can I do against a default judgment?
Set resistance within four weeks, after you became aware of the default judgment.
You do this if you disagree with the ruling completely or in parts.
Contact Breyta as soon as possible to discuss the possibilities and go for maximum results.
Can you appeal a default judgment?
No, appeal is not possible. You can only appeal the verdict.
After going through the opposition procedure, the judge issues a final judgment. Against this final judgment, in most cases you can do appeal.
What is a default judgment?
A default judgment is a judgment rendered by the court when a defendant party is not present at the trial and did not present a defence.
This leads to a decision in favour of the plaintiff without any substantive assessment of the case.
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