If you have received a writ of summons from us, this means that you have not paid an unpaid invoice or other debt. It is likely that you have received one or more payment reminder letters. Subsequently, your creditor or their lawyer has asked us to initiate legal proceedings against you. First of all, please read this writ of summons attentively. This deed contains an explanation of the dispute (or a list of the unpaid invoices), while mentioning the address of the court and the date and time the case will be handled. This writ of summons is your invitation to appear before the court, which will then rule about the claim.

WHAT DO I DO?

The most important thing is to respond quickly. Your debt will only go away if you do something about it. Legal proceedings have been brought against you. Your creditor will ask the court to order you to pay the invoices (or other debts) and additional costs such as interest for late payment, damages and the costs of the proceedings. Subsequently, this judgment will be served upon you, after which your moveable goods could even be seized. This entails additional costs and problems, which you will no doubt want to avoid.

You can choose between appearing before the court in person or to seek the assistance of a lawyer. In some cases, you can even get a pro bono lawyer, who will defend your case for free or at a lower fee.

You should contact us immediately, because if you pay ahead of the court session, you can still avoid certain costs.

Contact us at any rate, if your question remains unanswered. That way, we can find an appropriate solution together.

WHAT HAPPENS IF I DO NOT DO ANYTHING?

You should not forget about or ignore the writ. If you are unable or unwilling to come, it is best to send a representative1.

Sending a letter explaining why you cannot attend (because of illness, your work) will not help. If you (or your representative) does not appear before the court, you will be ordered to pay by default, if the court is of the opinion that the claim has been established undefended. In the other scenario, you will be asked to appear at a later court hearing, to be determined by the court, to definitively settle the case. If you still do not show up for this court session, a judgment will be passed in your absence, by default.
All of this does not imply that the court will automatically rule in favour of your creditor because they were unable to hear your arguments.

Contact us if you cannot pay your entire debt at once to discuss how we can find a solution. You may be able to get a payment plan, but your creditor has to approve this.
You can also ask the judge during the court session whether you can pay the debt in instalments.