Receiving a judgment from the court is exciting and often confusing for many individuals. What exactly is in such a ruling? What if you disagree with the judgment? And what steps can you still take?
In this article, we explain step by step what a judgment is, what types exist, what the consequences are, and how you can take action.
What is a judgment?
A judgment is the decision of the judge in a court case. The judge sets out:
- the facts of the case,
- the legal assessment,
- and the final decision (the dictum).
A judgment can cover a wide range of subjects, such as a tenancy dispute, an employment conflict, a debt collection case, or a family law matter.
👉 Important: a judgment is binding and enforceable. This means that the losing party must do what the judge has decided.
When does the judge deliver a judgment?
After the hearing, the judge usually takes some time to reach a well-considered decision. In most cases, the judgment is pronounced about two weeks after the hearing. In some situations it may take a little longer, depending on the complexity of the case. You will automatically be notified when the judgment has been officially pronounced.
Types of judgments
There are different types of judgments. It is important to know which type you are dealing with:
- Final judgment
The judge makes a definitive decision and concludes the proceedings. - Interlocutory judgment
The judge does not decide everything yet, but may, for example, order the taking of evidence or appoint an expert. This means that the proceedings continue; the judgment is therefore an intermediate step in the procedure. - Partial judgment
Sometimes, in an interlocutory judgment, the judge already issues a partial final decision on one or more parts of the case. A decision on the remaining points will follow later.
4
. Preliminary relief judgment
A quick, provisional decision in expedited proceedings. This judgment usually applies until more extensive proceedings on the merits have been conducted.
5. Default judgment
A judgment rendered if you do not appear or do not present a defense. The court will then almost always grant the other party’s claim.
The type of judgment you receive therefore depends on the stage of the proceedings and the nature of the decision the judge makes. It is wise to pay close attention to the type of judgment, as it determines which next steps are possible.
Difference between a judgment after adversarial proceedings and a default judgment
There is an important difference between a judgment after adversarial proceedings and a default judgment:
- Judgment after adversarial proceedings means that both parties have been heard in the proceedings. The defendant (the person being sued) has therefore responded to the claim and has been able to explain his or her position. The judge then weighs the arguments from both sides in the decision.
- Default judgment is pronounced when the defendant has not appeared and has not presented a defense. In such a case, the judge generally grants the claimant’s claim, unless it is manifestly unfounded or unlawful. The ruling is then “by default” because there has been no hearing from the other side.
It therefore makes a big difference whether or not you respond: if you do not respond, you risk that the judge will automatically go along with the other party’s claim.
When is there a judgment after adversarial proceedings or a default judgment?
The type of judgment depends on the role of the defendant in the proceedings:
- Does the defendant appear at the hearing and present a defense? Then usually a judgment after adversarial proceedings. The judge weighs the arguments of both parties.
- Does the defendant fail to appear or fail to respond to the summons? Then the judge pronounces a default judgment . In that case, the claimant’s claim is usually granted in full because the opposing party’s position is absent.
What is a judgment of dismissal and what types are there?
A judgment rejecting the claim means that the judge does not grant the claim of (usually) the plaintiff. So you do not win the case. This can happen in various ways:
- Declaration of inadmissibility
The judge decides not to hear the case on the merits, for example because the wrong procedure was followed or the applicant lacks standing. - Declaratory judgment
The judge declares how the law applies, but does not impose any obligations on the parties.
With a judgment rejecting the claim, the situation remains as it was: nothing needs to be changed or paid.
What is a judgment granting the claim and what types are there?
Have you ever heard of a ‘judgment granting the claim’? Simply put, this is a ruling in which the judge grants (part of) the plaintiff’s claim. In other words: the judge decides that the opposing party must do what was requested.There are various forms of judgments granting the claim, each with its own effect:
- Constitutive judgment
Here, the judge, by means of the judgment, actually changes a legal relationship. Think of terminating an agreement, dissolving a marriage, or establishing an easement. - Declaratory judgment
In this type of judgment, the judge establishes something without anything actually changing. For example: the judge declares that someone is the owner of a specific item of property. - Condemnatory judgment
This is the most common type of judgment granting relief. The judge imposes an obligation on a party, for example to pay a sum of money or vacate a dwelling.
In summary: a judgment granting relief ensures that the claimant (partly) is found to be in the right, and that the losing party must comply with the ruling.
What is in a judgment?
A judgment usually consists of the following parts:
- Parties: who are involved in the case.
- Facts: a summary of what happened.
- Positions: the arguments of both parties.
- Assessment: how the judge legally assesses the case.
- Decision: the final decision (for example that you must pay, vacate or receive a contact arrangement).
- Legal costs: the judge determines who must pay the costs of the proceedings.
What if you disagree with a judgment?
A judgment does not have to be the end of the case. There are several ways to take action:
1. Opposition to a default judgment
Did you receive a default judgment because you did not appear? Then you can lodge an objection. This means that you may still explain your position. This must be done within:
- 4 weeks after service of the judgment by the bailiff, or
- 8 weeks after the ruling if the judgment has not yet been served.
2. Appeal
Do you disagree with a final judgment? Then you can often file an appeal with the Court of Appeal. Time limit: usually 3 months after the judgment.
What is the decision called on appeal?
Note: if you appeal, the decision of the Court of Appeal is no longer called a ‘judgment’, but an ‘arrest’. If you then appeal this decision in cassation to the Supreme Court, then it is referred to as a ‘cassation judgment’.
3. Cassation
After an appeal, you can, in exceptional cases, still go to the Supreme Court. It only checks whether the law has been applied correctly, not the facts again.
Examples from practice
- Example 1 (debt collection): An individual received a default judgment ordering payment of € 7,500. In opposition, we were able to demonstrate that the claim was time-barred. The judgment was set aside.
- Example 2 (employment): An employee was ordered to repay under a study-costs clause. On appeal, the court of appeal overturned this judgment: the employee did not have to repay.
- Example 3 (tenancy): A tenant lost a case at first instance and had to vacate the dwelling. On appeal, it was ultimately held that the landlord had terminated the lease without justification.
Checklist after receiving a judgment
- 📄 Read the judgment carefully: what exactly did the judge decide?
- 📑 Check whether it is a final judgment, an interim judgment, or a default judgment.
- ⏳ Note the deadlines for objection or appeal.
- ⚖️ Consult a lawyer to assess your options.
- 📝 Decide together whether objection, appeal, or settlement is the best option.
Common mistakes
- Thinking that a judgment is final and nothing else is possible.
- Acting too late, causing deadlines to expire.
- Trying to file an appeal yourself without a lawyer (this is not possible).
- Not collecting evidence or arguments for a follow-up procedure.
Frequently Asked Questions (FAQ)
1. Do I always have to comply with a judgment?
Yes, a judgment is binding and enforceable.
2. Can the bailiff seize assets immediately after a judgment?
Yes, often. A judgment is provisionally enforceable, unless the judge decides otherwise.
3. How much time do I have to file an appeal?
Usually 3 months, sometimes shorter. Check this with your lawyer.
4. What is the difference between objection and appeal?
Objection is only possible against a default judgment, an appeal against a substantive final judgment.
5. Do I always need a lawyer?
For appeal and cassation proceedings, a lawyer is required. For subdistrict court cases, sometimes not, but it is always advisable.
Why Arslan Advocaten?
- Experienced in litigation and defense at the district court and the court of appeal
- Specialized in opposition, appeal and cassation
- Practical and clear explanations for individuals
- Regularly achieve better outcomes after judgment
Conclusion
Receiving a judgment can have major consequences, but it does not mean that everything is over. You can often still file opposition or appeal. It is important to act quickly and seek legal assistance, so that you do not miss any deadlines and preserve your rights.
