What is a default judgment (verstekvonnis) under Dutch law?

Dutch term: Verstekvonnis | Legal basis: Articles 139-142 Rv

A default judgment (verstekvonnis) is a judgment rendered by a Dutch court when the defendant fails to appear or respond to a writ of summons. Under articles 139 to 142 of the Dutch Code of Civil Procedure, the court will generally grant the claim if it appears well-founded, even without the defendant's participation.

The defendant can challenge a default judgment by filing opposition proceedings (verzet) within four weeks of service of the judgment. If the defendant was not properly served, the opposition period starts from the moment the defendant becomes aware of the judgment. During the opposition, the case is heard on the merits as if no default judgment had been rendered. Default judgments are immediately enforceable unless the court orders otherwise.

Why it matters for international businesses

For international creditors, a default judgment combined with pre-judgment attachment can resolve an unpaid invoice within weeks when the debtor simply ignores the proceedings. However, enforcement of a default judgment abroad may face additional scrutiny on due process grounds.