What is a writ of summons (dagvaarding) in the Netherlands?

Dutch term: Dagvaarding | Legal basis: Articles 45 and 111 of the Dutch Code of Civil Procedure

A writ of summons (dagvaarding) is the formal document that initiates most civil proceedings in the Netherlands. It sets out the identity of the parties, the factual basis of the claim, the legal grounds, and the specific relief sought from the court. It is served on the defendant by a Dutch bailiff (deurwaarder) and specifies a court date on which the defendant must appear or respond.

The summons must comply with the formal requirements set out in articles 45 and 111 of the Dutch Code of Civil Procedure. For proceedings before the civil chamber of the District Court (claims above 25,000 euro), the summons must be drafted by a Dutch advocate (advocaat). For Cantonal Division matters (claims up to 25,000 euro), legal representation is optional.

Service of the summons on the defendant is a formal requirement. The bailiff serves it personally at the defendant's registered address or, if the defendant is outside the Netherlands, through international service channels. Only after proper service can proceedings commence. If the defendant fails to appear or respond, the court generally grants a default judgment (verstekvonnis).

Why it matters for international businesses

If you receive a dagvaarding from a Dutch counterparty, acting quickly is critical: the response deadline is set in the summons and missing it can result in a default judgment. See our guide to litigation in the Netherlands or contact us immediately.