Taking legal action yourself before a subdistrict court: tips & advice

Questioner

Can I have the following dispute handled by the subdistrict court without having to call on a lawyer? explanation: I have a dispute with a former business partner/acquaintance where I have hard evidence for my “rightness”. It concerns an amount of approximately 7000 euros to which I am entitled based on a retrospective commission on services that were still to be provided at the time. It concerns compliance with agreements. We once founded a BV with a third shareholder. The shareholders of this BV were also BVs and the shareholders of these holding BVs were/are natural persons. If I need a lawyer for a lawsuit, I fear that the benefits will be little or no greater than the costs.

Lawyer

Yes, you can do this yourself. However, it can be interesting to hire someone for an amount of 7000. A subdistrict court procedure generally does not have to cost much more than € 2,500 in legal aid costs and if you win the case, you can recover part of those costs from the other party. More and more lawyers and legal experts even work with fixed amounts so that you know in advance what you will spend on legal aid costs.

Lawyer

For €7,000 you can take legal action in the subdistrict court and therefore do not need a lawyer. You also do not need an authorized representative, you can conduct the entire procedure yourself, including drawing up the summons and such. I do agree with Mr. Martens that you would be wise to consider hiring someone to assist you. Those costs do outweigh the amount to be claimed. A lawyer may even be able to achieve an amicable solution before the summons has to be served. If you wish, you can contact me without obligation to discuss your options.

Lawyer

I would like to add that a lawsuit does not always serve the purpose and sometimes you can get away with it better by negotiating the price, after all, a possible award of costs of a lawsuit is fictitious. That is also the reason why you put it this way here. You say there is already a ruling from a commission for compensation of damages. I would start with the question, which commission and when did this case play out, because it is not always immediately enforceable. You may also send me this information for assessment after you have made direct contact.

Lawyer

If, as you say, it is a hard claim, you run little risk and the other party will in all probability be ordered to pay and the legal costs. It is important to have the summons properly assessed legally and the summons must meet all kinds of formal requirements. Because of the amount that you have to claim, I can indeed imagine that you will still engage a lawyer and make a good price agreement. If desired, you can also contact me for further advice and possible legal assistance.