Debt collection, litigation and enforcement

Subpoena not served, now what? The law states that a subpoena must meet all kinds of requirements. And rightly so: a subpoena initiates court proceedings and the consequences can be severe. Another important requirement is that the plaintiff must send the subpoena to the court on time. This is called ‘filing’....

Does mediation clause prevent initiation of litigation? The Supreme Court ruled yesterday on the question of whether a mediation clause in an agreement obliges parties to actually try mediation first, before initiating litigation. According to the Supreme Court, mediation may indeed be mandatory. This may result in the judge before whom a...

Your debtor is dissolved, how do you get your money? Imagine you have a large claim on a private limited company. It is trying to outsmart you by dissolving the private limited company. This is also called turboliquidation. Then you as a creditor can whistle for your money. The adage is not for nothing...

When does a judgment or order expire? Here's how it is! If you have a monetary claim, in principle it lapses after 5 years. The statute of limitations can be interrupted by filing a claim (e.g. by suing) or by sending a summons. However, if the claim is fixed in a judgment or other court order,...

The Code of Civil Procedure (Rv) states in which court a summons must be filed. Which court has jurisdiction varies depending on the type of case. The main rule is that the court of the defendant's domicile has jurisdiction. There are several exceptions to this rule. A few examples. If an employee sues his employer, the employer may...

According to Radar, SME Clickservice misleads its customers: what can you do? The program Radar of AVRO TROS devoted a broadcast in November 2023 to a worrying trend within the world of Internet marketing. Forbidden methods of acquisition are used to get self-employed people to sign an agreement without being aware of the consequences...