Receiving a judgment from the court is exciting and often confusing for many individuals. What exactly is in such a statement? What if you disagree with the judgment? And what steps can you still take?
In this article, we explain step by step what a judgement is, the types that exist, what the consequences are, and how you can take action.
What is a judgement?
A judgement is the decision of the judge in a lawsuit. The judge records in it:
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the facts of the case,
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the legal assessment,
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and the final decision (the dictum).
A judgment can cover a wide range of topics, such as a rent dispute, a labor conflict, a collection case, or a family law issue.
👉 Important: a judgment is binding and enforceable. This means that the losing party must do what the judge has decided.
Types of Judgements
There are different types of judgments. It is important to know which type you are dealing with:
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Final judgement
The judge makes a final decision and closes the procedure. -
Interim judgement
The judge does not decide everything yet, but for example assigns a proof task or appoints an expert. -
Summary judgement
A quick, temporary decision in an urgent procedure. This judgment usually applies until a more comprehensive basic procedure has been conducted. -
Default judgement
A judgement that is pronounced when you do not appear or do not contest. The judge then almost always grants the claim of the opposing party.
What is in a judgement?
A judgement usually consists of the following parts:
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Parties: who are involved in the case.
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Facts: a summary of what happened.
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Standpoints: the arguments of both parties.
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Assessment: how the judge legally assesses the case.
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Dictum: the final decision (for example that you have to pay, vacate or get a visiting arrangement).
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Legal costs: the judge determines who must pay the costs of the procedure.
What if you disagree with a judgment?
A judgement does not have to be the end of the case. There are various possibilities to take action:
1. Defence against default judgement
Did you receive a default judgement because you did not appear? Then you can defend. This means that you may still explain your position. This must be done within:
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4 weeks after service of the judgement by the bailiff, or
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8 weeks after judgement if the judgement has not yet been served.
2. Appeal
Do you disagree with a final judgement? Then you can often appeal to the court of appeal. Deadline: usually 3 months after the adjournment.
3. Cassation
After an appeal, you can go to the Supreme Court in exceptional cases. The Supreme Court only checks whether the law has been applied correctly, not the facts again.
Examples from practice
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Example 1 (collection): An individual received a default judgement to pay € 7,500. In defence, we were able to demonstrate that the claim was statute-barred. The judgement was overturned.
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Example 2 (work): An employee was ordered to repay a study cost clause. On appeal, the court overturned this judgement: the employee did not have to repay.
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Example 3 (rent): A tenant lost a case in the first instance and had to vacate the house. On appeal, it was nevertheless ruled that the landlord had terminated without reason.
Checklist after receiving a judgement
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📄 Read the judgement carefully: what exactly has the judge decided?
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📑 Check whether it is a final judgement, interim judgement, or default judgement.
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⏳ Note the deadlines for defence or appeal.
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⚖️ Switch on a lawyer to assess your options.
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📝 Decide together whether defence, appeal, or settlement is the best option.
Common mistakes
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Thinking that a judgement is final and nothing more is possible.
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Taking action too late, causing deadlines to expire.
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Trying to appeal without a lawyer (this is not possible).
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Not collecting any evidence or arguments for a follow-up procedure.
Frequently Asked Questions (FAQ)
1. Do I always have to follow a judgement?
Yes, a judgement is binding and enforceable.
2. Can the bailiff immediately impose a forfeiture after a judgement?
Yes, often so. A judgement is enforceable unless the judge determines otherwise.
3. How much time do I have to appeal?
Usually 3 months, sometimes shorter. Ask your lawyer.
4. What is the difference between defence and appeal?
Defence is only possible against a default judgement, appeal against a substantive final judgement.
5. Do I always need a lawyer?
For proceedings in appeal and cassation, a lawyer is mandatory. For cantonal matters not always, but it is always wise.
Why Arslan Lawyers?
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Experienced in procedures and defence at district court and court of appeal
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Specialised in defence, appeal, and cassation
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Practical and clear explanation for private individuals
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Regularly achieve better outcomes after judgement
Conclusion
Receiving a judgement can have major consequences, but does not mean that everything is over. You can often still defend or appeal. However, it is important to act quickly and engage legal aid, so that you do not miss any deadlines and retain your rights.
