Petition and petition process.

In addition to the subpoena proceedings also exists in civil law the petition procedure. Whereas a summons procedure is initiated with a writ of summons, the petition procedure is initiated with a petition. The legislator has chosen this option in order to make going to court more accessible. A petition needs to comply with fewer formalities than a summons and is actually a long letter to the judge.

Who are the players in petition proceedings?

In petition proceedings, in addition to the applicant (that is, so to speak, the plaintiff) and the defendant, third parties are sometimes involved. These are the interested parties. For example, in petition proceedings involving a Owners association (VvE). involved, invited all members of the CoE to defend as interested parties.

When to start petition proceedings?

In general, a lawsuit should follow the writ procedure. A petition procedure is only involved if the law so provides. Petition proceedings are common in VvE cases. In addition, it file for bankruptcy also by petition. Also for laying prejudgment attachment, must be settled through a petition process.

Petition procedure: process sequence

The petition process begins by filing the petition with the court. A bailiff is not involved. The court then summons the defendant and any interested parties. They can defend themselves and are then also invited to the hearing. Usually a judgment is rendered several weeks after the hearing. In petition proceedings, this judgment is called a disposition.

Decision

The court may order enforceable declare. This means that the ruling must be implemented immediately and can be enforced. If you disagree with the order, you can go into appeal. The petition process is an important court procedure that is common.