Many private individuals who receive a summons or petition end up before the cantonal judge. But what exactly does a cantonal judge do, which cases do they handle, and how does the procedure work? In this article, we explain it step by step, so you know exactly what to expect.
What is a cantonal judge?
The cantonal judge is a judge within the court who handles relatively straightforward cases.
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The procedure is often simpler and faster than in the court’s “multi-judge chamber”.
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Before the cantonal judge, you may in many cases represent yourself without a lawyer.
👉 This makes the cantonal judge more accessible to private individuals and small business owners.
How are subdistrict cases organized within the court?
Subdistrict cases within the court are handled by a separate division, usually referred to as the “chamber for subdistrict cases” or “subdistrict sector.” In the past this division stood on its own, but nowadays it often falls under the broader Private Law department or within the commercial cases team. The exact name or structure can differ per court.
In addition, a number of courts have a special “protective administration team” that supervises matters involving civil protective administration. This too sometimes falls within the remit of the subdistrict judge. That way you know which department to contact when your case is before the subdistrict judge.
What does “unus” or single-judge chamber mean at the subdistrict court?
The subdistrict judge usually works alone and thus forms what is called a “single-judge chamber.” This is also referred to by the term “unus” — a Latin word that simply means ‘one’. Unlike other proceedings in which multiple judges deliver a judgment together, here one judge decides your case independently.
The advantage: everything remains clear and the hearing often proceeds more quickly than in more complex procedures with multiple judges at the table. As a party, you therefore don’t need to worry about a panel full of robes—the subdistrict judge simply handles it on their own.
When do you go to the subdistrict judge?
The subdistrict judge handles, among other things:
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Monetary claims up to € 25,000.
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Employment cases, such as wage claims, dismissal and disputes over employment contracts.
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Tenancy matters, for example rent arrears, defects, or eviction.
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Consumer matters, such as purchase disputes and warranty.
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Minor criminal cases (offences, such as traffic offences).Note: debt collection cases up to € 25.000 and cases concerning consumer loans up to € 40.000 likewise commence with a writ of summons before the cantonal judge. It does not matter whether it is specifically a collection case (think of unpaid invoices); what is decisive is the financial interest in the case. Thus, claims in the field of liability, tort, contract law or personal injury fall under the remit of the cantonal judge, as long as the value of the claim does not exceed € 25.000.
👉 For larger claims or complex civil cases, you go to another chamber of the court.
What is the financial threshold for consumer credit?
In addition to debt collection and monetary cases up to € 25.000, the subdistrict court judge also handles cases about consumer credit—and for those a slightly higher threshold applies. If it concerns consumer credit (for example a personal loan or revolving credit), the outstanding amount may be up to € 40.000 to start before the subdistrict court judge.
So the type of case (collection, tenancy, employment dispute) matters less than the amount at stake:
- Debt collection and monetary claims: up to € 25.000
- Consumer credit cases: up to € 40.000
👉 If it concerns a higher amount, the case will be handled by another chamber within the court.
How does a case proceed before the subdistrict court judge?
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Summons or petition
The procedure begins with a summons (for example by a creditor) or a petition (for example in an employment dispute).
Note:
Not only employment or tenancy disputes end up before the subdistrict judge. Collection cases up to € 25.000 and consumer loans up to € 40.000 also start at the subdistrict court with a summons. It’s not about the type of case (such as a ‘collection case’ or ‘personal injury’), but about the financial interest. Think of claims based on liability, contracts, tort (unlawful act), or injury – as long as the claim does not exceed € 25.000, your case belongs with the subdistrict judge.
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Present a defense
You can respond in writing or orally during the hearing. -
Hearing
The subdistrict judge hears both parties. This is often accessible and in plain language. -
Decision
Usually the decision (the judgment) within a few weeks.
Represent yourself or hire a lawyer?
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May represent yourself: before the cantonal judge you may represent yourself in employment cases, tenancy disputes and claims up to € 25,000.
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Advice: although you do not need a lawyer, it may still be wise to obtain legal assistance. The opposing party often does have a legal adviser or lawyer and knows the rules.
Note: it is not always wise to go without a lawyer, especially in complex cases. The rules of procedural law often have a major influence on the outcome of a case. Some matters are simple, but in other cases knowledge of the law and experience with litigation is necessary. Moreover, a good lawyer looks at the case with a fresh, level-headed perspective and is not emotionally involved, whereas you as a party often are. That can make the difference in how your case is handled and ultimately decided.
Combining or splitting claims before the cantonal judge
- Separate wage claim: If an employee is only owed back pay (such as salary, overtime, or holiday pay) and this claim is separate from other employment issues, he can present it to the cantonal judge through a separate summons procedure, without having to combine it with other requests, for example about dismissal or compensation.
- Combining in a single procedure: Sometimes multiple disputes are running at the same time, such as a wage claim and a discussion about the termination of the employment contract (for example in cases of summary dismissal, transition compensation or notice compensation). In that case, it may be wise to include the wage claim immediately in the same petition or as a counter-request within the dismissal procedure.
In short: the employee’s lawyer can choose between a separate summons or combining multiple requests in a single case. Which route is most suitable depends on the circumstances and what is strategically best for the employee.
Must a non-lawyer who represents you have a written power of attorney?
If you choose to have someone else (for example, a legal aid provider or a family member) act on your behalf during proceedings before the cantonal judge, this person is called an “authorized representative”. If that representative is not a lawyer, he or she must be able to present a written power of attorney—this is mandatory. This formal requirement does not apply to lawyers: they may always represent you directly before the cantonal judge.
Please note:
- Non-lawyers must always present a written power of attorney.
- If you appoint a lawyer, you do not need to arrange anything for this.
This way, you can be sure that your interests are being handled correctly from a formal standpoint.
What does an authorized representative do before the cantonal judge?
Do you choose to have someone else act on your behalf? In proceedings before the cantonal judge, such a representative is called an authorized representative. This can, for example, be a legal professional, legal aid provider, acquaintance or family member.
Note: If your authorized representative is not a lawyer, they must be able to prove that they may act on your behalf. This is done with a written power of attorney. If a lawyer does accompany you, that power of attorney is not needed—the lawyer is automatically authorized to litigate on your behalf.
In short: an authorized representative ensures that your interests are professionally represented, whether you would rather not attend the hearing yourself or find the process complicated. That makes proceedings before the cantonal judge even more accessible.
Examples from practice
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Example 1 (tenancy): A landlord summoned a tenant for rent arrears. Thanks to the defense, a payment arrangement was agreed and eviction was avoided.
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Example 2 (employment): An employee claimed wrongful dismissal. The cantonal judge awarded a transition payment.
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Example 3 (debt collection): A consumer was sued for an invoice of € 1.200. The subdistrict court judge ruled that no valid agreement had been concluded, and dismissed the claim.
Checklist: to the subdistrict court
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📄 Check whether your case falls under the subdistrict court (up to € 25.000, rent, employment, consumer law).
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📝 Prepare your defense or claim carefully.
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⚖️ Consider legal assistance, even if it is not mandatory.
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📑 Gather evidence: contracts, invoices, correspondence.
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⏳ Be on time, because deadlines are strict.
Common mistakes at the subdistrict court
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Thinking that the procedure is informal → it is still a court case with rules.
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Not submitting a defense, resulting in a default judgment.
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Bringing insufficient evidence.
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Expecting the judge to automatically see that you are right.
Frequently Asked Questions (FAQ)
1. Do I need a lawyer at the subdistrict court?
No, that is not required. But it may be advisable.
2. How long does a case at the subdistrict court take?
Usually a few months, sometimes faster for simple cases.
3. How much does it cost to litigate at the subdistrict court?
You pay court fees. If you lose, you will often also have to pay the opposing party’s legal costs.
4. Can I appeal a ruling by the cantonal judge?
Yes, that is usually possible, unless the claim is under € 1.750.
5. Is the cantonal judge more informal than the court?
Yes, but it remains an official procedure that must be taken seriously.
Why Arslan Advocaten?
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Experienced in tenancy and employment cases before the cantonal judge
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Help private individuals draft strong statements of defense
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Regularly achieve favorable judgments for clients
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Clear explanations and guidance in plain language
Conclusion
The subdistrict court judge handles accessible but often important cases for private individuals, such as tenancy and employment disputes. Although you do not always need a lawyer, legal assistance significantly increases your chances of success.
