Many private individuals who receive a summons or petition wonder: “Can I do this myself or do I always need a lawyer?” In some cases, you are indeed allowed to litigate without a lawyer. But the question is whether that is wise. In this article, we explain when you may litigate on your own, what the risks are, and why a lawyer is often a better choice.
When are you allowed to litigate without a lawyer?
The law provides that in certain proceedings a lawyer is not required. This applies in particular before the cantonal judge.
Situations in which you may represent yourself:
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Claims up to € 25.000 at the subdistrict court.
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Cases about tenancy (residential or business premises).
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Cases about employment contracts (wages, dismissal, holiday pay).
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Consumer cases, such as warranty and purchase disputes.
👉 In these cases you may go to court yourself or represent yourself.
When is a lawyer required?
A lawyer is required in proceedings before:
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the district court (above € 25.000),
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the court of appeal (appeal),
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the Supreme Court (cassation).
Also in many family cases (such as divorce, custody, visitation) a lawyer is required.
Is it advisable to represent yourself?
Even if it is sometimes allowed, litigating without a lawyer carries risks:
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Procedural law is complex: missing deadlines or following the wrong procedure can be fatal.
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Formulating a defense is difficult: a judge expects legal arguments and evidence.
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Cost risk: if you lose, you pay not only your own costs but also (part of) the other party’s litigation costs.
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Unequal fight: if the other party does have a lawyer, you are often in a weaker position.
In addition, you must be able to clearly outline the legal claims being made against you and provide a concise summary of the facts supporting your position. This means not only understanding what you are accused of, but also being able to translate your side of the story into the legal language and structure the court expects. If you miss important details, fail to submit evidence, or are unclear about the legal basis of your defense, your case can unravel quickly.
Examples from practice
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Example 1 (wage claim): An employee tried to file a wage claim on his own. He forgot to submit evidence. The claim was dismissed. With a lawyer, he probably would have won.
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Example 2 (tenancy case): A tenant defended himself against an eviction. The judge granted the request. Later, he nevertheless hired a lawyer on appeal, which made it possible to prevent the eviction.
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Example 3 (small claim): A consumer litigated on their own against a store to get € 500 back. This succeeded because the evidence was straightforward. In such cases, representing yourself can sometimes indeed pay off.
Checklist: represent yourself or hire a lawyer?
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📑 Is it a case up to € 25.000 before the subdistrict court? Then you may represent yourself.
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⚖️ Is the case legally or factually complex? Then choose a lawyer.
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⏳ Can you monitor all deadlines and rules yourself?
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📄 Has the opposing party hired a lawyer? Then it is unwise to represent yourself.
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💶 Keep in mind that litigation costs can rise sharply if you lose.
Common mistakes when representing yourself
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Not submitting a defense, or submitting it too late.
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Providing insufficient evidence.
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Reacting too emotionally instead of making legal arguments.
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Forgetting that if you lose, you must pay the other party’s costs.
Frequently asked questions (FAQ)
1. May I always go to the subdistrict court without a lawyer?
Yes, in cases up to € 25.000 and in tenancy and employment cases, you may.
2. Will the judge be more understanding if I do not have a lawyer?
No, the judge expects you to follow the same rules as a lawyer.
3. How much does a lawyer actually cost?
That varies by case. Sometimes your legal expenses insurance or you may qualify for subsidized legal aid.
4. Can I still hire a lawyer later?
Yes, you can. It is often even advisable when the case becomes complex.
5. Can I represent myself on appeal?
No, on appeal at the Court of Appeal a lawyer is always required.
What are the main steps in filing a lawsuit in the Netherlands?
Launching a lawsuit in the Netherlands is a structured process that calls for both preparation and strict compliance with legal procedures. Here’s a straightforward overview of the most important steps you’ll encounter:
1. Consult with a lawyer (recommended but not always mandatory).
Before you begin, it’s wise to speak with a legal expert. They can help clarify your position, assess the viability of your claim, and explain the likely costs and outcomes. Even if you’re not required to hire legal representation, professional guidance at this stage is invaluable.
2. Prepare your case and collect evidence.
Success in Dutch courts relies on substantiated claims. Gather all relevant documents—contracts, correspondence, receipts, and any other records that support your case. Organize them neatly; you’ll need them when drafting your initial complaint.
3. Draft and file the writ of summons or petition.
The starting shot for most lawsuits is the writ of summons (dagvaarding) or a petition (verzoekschrift), depending on the type of case. This official document explains your position, your claims, and the basis for your case. Once completed, it must be submitted to the right court.
4. Service of documents on the defendant.
Dutch law requires that the opposing party is formally informed (served) of the lawsuit. This is normally done by a judicial officer (bailiff), who delivers the documents personally to the defendant or through other legally accepted means if they cannot be reached directly.
5. The defendant responds.
Upon receiving the summons, the other party has the right to reply in writing—this is often called the statement of defense. This step allows them to present their side of the story and challenge your claims.
6. Court hearing(s).
If the case continues, both parties will be invited to appear at a court hearing. Here, you and the defendant will have the opportunity to further explain your positions, answer the judge’s questions, and submit supporting evidence or call witnesses if necessary.
7. The judgment.
After reviewing all the evidence and arguments, the judge will issue a verdict. In straightforward cases, this may happen quickly; in more complex matters, further information or hearings may be required before a final decision is made.
Throughout these steps, following the proper procedure is essential. Deadlines are tight, paperwork must be accurate, and one misstep can seriously hamper your case—another reason why consulting a lawyer, even for an initial check, is rarely wasted effort.
What is the process for formally filing a lawsuit with a Dutch court?
If you’ve determined that you can (or must) represent yourself, you may be wondering how to actually “start” a case. Formally filing a lawsuit in the Netherlands—known as aanbrengen van de zaak—requires a few important steps:
- Preparing Your Case
Before anything is filed, collect all documents, evidence, correspondence, and supporting materials relevant to your dispute. Think contracts, emails, photos, invoices—anything that helps prove your point. - Drafting the Summons or Petition
In civil matters, you typically start proceedings by having a dagvaarding (summons) drafted for the opposing party. For some cases (such as simple subdistrict court matters), you file a verzoekschrift (petition) instead. Even in cases where a lawyer isn’t required, drafting these documents can be tricky—they must meet strict legal requirements. - Filing with the Court
Once your documents are complete, they must be formally submitted to the right court (arrondissement or subdistrict). This is usually done in person or electronically, depending on the court and type of case. - Serving the Other Party
The summons generally has to be officially served upon (not simply mailed to) the other party by a Dutch bailiff (gerechtsdeurwaarder). This step ensures the court and the other party are properly notified. - Paying Court Fees
Don’t forget the court fees (griffierechten), which must be paid when your case is submitted. The amount varies depending on the type and value of the claim.
Taking these steps properly is crucial—mistakes can delay or even derail your case. And even if you’re allowed to represent yourself, many people find it reassuring to have a legal expert review their paperwork or advise on procedure before heading to court.
Can you settle a lawsuit before it reaches the courtroom in the Netherlands?
Absolutely—settling a dispute before it ever arrives in court is not only possible, but often encouraged in the Netherlands. Parties frequently resolve conflicts through negotiation, mediation, or reaching an agreement, sometimes with the help of a mediator or legal advisor.
Benefits of settling early include:
- Saving time and legal expenses
Court cases can drag on and fees pile up quickly. A settlement allows both sides to move on faster and often more affordably. - Privacy and control
Court proceedings are generally public, but settlements can remain confidential. Plus, you and the other party have more input over the outcome, instead of leaving everything in a judge’s hands. - Less stress and damaged relationships
A drawn-out legal battle can take its toll on everyone involved. Settling may help preserve future relationships—especially useful in employment or tenancy matters.
If you’re considering legal action, it’s always wise to first try reaching an agreement out of court. Not only is this common practice, but Dutch courts themselves often urge parties to attempt settlement before—or even during—the legal proceedings.
How are legal documents served to a defendant in the Netherlands?
In Dutch legal proceedings, ensuring the defendant is properly notified is a crucial step. The law sets out specific methods for serving legal documents, each designed to maximize the chances the defendant actually receives them.
The main ways to serve legal papers include:
- Personal service: Typically, a bailiff (deurwaarder) delivers the documents directly to the defendant. This is the gold standard—think of it as legal hand-delivery with a signature.
- Substituted service: If the defendant can’t be located after reasonable effort, the bailiff may hand the documents to someone else at the defendant’s address—such as a partner, roommate, or even an employee if it’s a workplace. The idea is to reach someone who’s reasonably expected to pass them along.
- Special cases: In certain situations, service can be made by leaving the documents at the office of the public prosecutor, or by deposit with the court.
Timing matters, too. The law sets strict deadlines for serving documents—miss the mark, and the court could throw out your case entirely. And if the defendant doesn’t think the Dutch court has jurisdiction, there’s a narrow window to challenge that—act fast.
In short, the system’s designed to balance fairness and efficiency, making sure no one’s summoned to court without a proper heads-up.
How is the defendant served with legal documents in the Dutch legal system?
In the Netherlands, serving legal documents to the defendant follows a structured process. Typically, the documents are handed over in person, ensuring the defendant receives them directly. If reaching the defendant is not possible—perhaps they’re hard to track down or simply not at home—the court may permit the delivery of these documents to someone close to the defendant, such as a family member or even a colleague, who can pass them along.
Occasionally, a defendant might feel that the Dutch court shouldn’t handle their case. If so, they must formally raise this objection within a specific timeframe, which varies based on the proceedings involved.
It’s crucial to adhere to strict deadlines when serving legal documents. Missing these time limits could lead to the case being thrown out. In short, proper and timely service ensures that court proceedings in the Netherlands are fair and above board.
Why Arslan Advocaten?
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Experienced in proceedings before the subdistrict court, district court, and Court of Appeal
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Avoid costly mistakes through the right strategy and defense
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Helping individuals increase their chances of success
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Transparent costs and clear agreements
Conclusion
Representing yourself is sometimes allowed, but is often risky. Litigation is more than telling your story: it’s about deadlines, evidence, and legal arguments. With a lawyer at your side, you significantly increase the chance of a good outcome.
