Statement of Claim Template for Netherlands

A Statement of Claim (dagvaarding) is the formal document that starts a civil court case in the Dutch legal system. It explains who's suing whom, what happened, and what the plaintiff wants from the court. Think of it as your official way to tell the court and the other party exactly what your case is about.

Dutch law requires this document to include specific details like the court's name, hearing date, facts supporting your claim, and the exact compensation or action you're seeking. Your lawyer must file it with the court and serve it to the defendant through a bailiff (deurwaarder), giving them time to prepare their defense before the first hearing.

You need a Statement of Claim when you're ready to take legal action through the Dutch civil courts to resolve a dispute. Common situations include recovering unpaid debts, seeking compensation for damages, enforcing contract terms, or protecting your intellectual property rights from infringement.

Time is critical - Dutch law sets strict deadlines for filing claims, usually within 5 years for most civil matters. Starting the process requires careful preparation, as your Statement of Claim forms the foundation of your entire case. Filing too late or without proper documentation can result in your case being dismissed, leaving you without legal recourse.

• Basic Civil Claim (dagvaarding): Used for straightforward monetary disputes, contract breaches, or property damage cases. Requires clear facts and specific damages.
• Summary Proceedings (kort geding): For urgent matters needing immediate court intervention, featuring simplified claims and expedited timelines.
• Commercial Claims (handelszaken): Specifically formatted for business-to-business disputes, often involving detailed financial documentation.
• Consumer Claims (consumentenzaken): Tailored for individual consumers suing businesses, with simplified language and specific consumer rights references.
• Injunctive Relief Claims (verbod of gebod): Focused on stopping harmful actions or forcing specific performance, requiring detailed urgent circumstances.

• Legal Counsel (Advocaten): Draft and file the Statement of Claim, ensuring it meets court requirements and effectively presents the client's case.
• Plaintiffs (Eisers): Individuals or companies initiating the legal action, providing essential case information and desired outcomes.
• Court Bailiffs (Deurwaarders): Officially serve the Statement of Claim to defendants and handle related procedural requirements.
• Civil Court Judges: Review the claims, assess their validity, and make decisions based on the presented arguments.
• Defendants (Gedaagden): Receive and respond to the claims, often through their own legal representatives.

• Essential Details: Gather complete names, addresses, and contact information for all parties involved in the dispute.
• Documentation: Collect all relevant contracts, correspondence, invoices, and evidence supporting your claim.
• Timeline: Create a chronological record of key events, ensuring dates are accurate and within legal time limits.
• Damage Assessment: Calculate and document specific financial losses or damages with supporting evidence.
• Legal Grounds: Identify the specific Dutch laws or contractual terms that support your claim.
• Relief Sought: Clearly outline what you want the court to order, including specific amounts or actions.

• Court Details: Name and location of the competent Dutch court where the claim will be filed.
• Party Information: Full legal names, addresses, and registration numbers of plaintiff and defendant.
• Factual Background: Clear chronological description of events leading to the dispute.
• Legal Grounds: Specific articles of Dutch law or contract terms supporting your claim.
• Relief Sought: Precise description of demanded compensation or actions.
• Hearing Date: Proposed court date allowing legal notice period.
• Procedural Details: Instructions for defendant response and consequence of non-appearance.
• Authentication: Lawyer's signature and professional registration number.

A Statement of Claim (dagvaarding) differs significantly from a Witness Statement (getuigenverklaring) in Dutch legal proceedings. While both are formal legal documents, they serve distinct purposes and have different legal implications.

• Primary Purpose: A Statement of Claim initiates legal proceedings and outlines your case against another party, while a Witness Statement provides supporting evidence about specific facts or events.
• Legal Status: A Statement of Claim is a mandatory court filing that starts your lawsuit, but a Witness Statement is supplementary evidence that supports an existing case.
• Timing: The Statement of Claim must be filed at the beginning of proceedings, whereas Witness Statements can be submitted throughout the case as evidence.
• Content Requirements: Statements of Claim need specific legal grounds and relief sought, while Witness Statements focus on factual observations and personal knowledge.
• Filing Process: A Statement of Claim requires formal service through a bailiff; Witness Statements can be submitted directly to the court with less formality.