Bring a money claim at the subdistrict court (kantonrechter)
Recover an unpaid debt or resolve an employment or tenancy dispute before the kantonrechter, the division of the district court where you may act without a lawyer. It hears civil claims up to EUR 25,000 and all employment and tenancy cases regardless of value.
- Timeline
- Roughly 6 weeks to several months, depending on whether the defendant defends
- Cost
- Court registration fee (griffierecht) scaled to the claim and the claimant type; reduced rates for low incomes
- Steps
- 7 stages
Deadline — read this first
The general limitation period for most contractual claims is five years from the date the claim became due; some claims differ, so check before relying on it.
Who can file
Any creditor or party to an employment or tenancy dispute; parties may appear in person without a lawyer.
Step by step
- 1
Send a written demand with a payment deadline
Before going to court, send a clear demand (aanmaning) giving the debtor a final period to pay. For consumer debts a formal 14-day notice is generally required before collection costs can be added.
- 2
Confirm the kantonrechter is competent
The subdistrict court hears civil claims up to EUR 25,000 and all employment and tenancy disputes. Above that value and outside those subjects, the ordinary chamber of the district court is competent and a lawyer is mandatory.
- 3
Prepare the summons (dagvaarding)
The claim is started by a summons setting out the parties, the claim, the grounds and the evidence. It must be served on the defendant by a court bailiff (deurwaarder).
- 4
Have the bailiff serve the summons
A deurwaarder formally serves the summons and returns proof of service, which fixes the first hearing date at the competent district court.
- 5
Pay the court registration fee
The griffierecht is due after the case is entered. The amount depends on the size of the claim and whether you are an individual or a business; a reduced rate applies on low income.
- 6
Attend the hearing
The kantonrechter usually holds an oral hearing and often explores a settlement first. Because no lawyer is required, the judge will help structure the discussion.
- 7
Judgment and enforcement
If judgment is in your favour and the debtor still does not pay, a deurwaarder enforces it through wage garnishment or attachment of assets.
Documents you must produce
- The written demand and proof it was sent
- The contract, invoice or agreement the claim is based on
- Correspondence with the other party
- Calculation of the amount claimed, including any interest and collection costs
Common mistakes that sink cases
- Skipping the 14-day consumer notice, which bars you from adding statutory collection costs.
- Filing at the ordinary chamber instead of the kanton, or vice versa, which wastes the fee and delays the case.
- Drafting the summons incorrectly: strict content and service rules mean defects can make it void.
- Assuming winning means being paid. A judgment still has to be enforced by a bailiff.
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