Appeal in 2026: seize opportunity or cut costs?

The Dutch legal system offers a retrial: appeal. With it, you ask a higher court to re-evaluate your case. But beware: it is not an automatic next step. Appeal is a tough legal remedy, with its own rules of the game, high costs and new risks.

In 2026: cost control is more important than ever. You want to stay in control of your cash flow and not litigate unnecessarily. That's why you should make the choice for appeal with your mind, not from emotion. On this page, we explain:

• What exactly appeals are
• When you may and may not appeal
• What costs and deadlines to consider
• What the process at the Court of Appeals looks like
• When it's smarter to quit and cut your losses

Want to get back to the basics of litigation first? Then read our page on court procedure and how a subpoena works. Rather seek a solution outside of court? Then an amicable collection process often suits your situation better.

On appeal, you have a lower court's ruling reviewed by a higher court: the Court of Appeals. So it is not a quick review of the first verdict, but a new, serious consideration of your case.

On appeal you may:

• Making new legal arguments
• Introduce new evidence that you didn't use before
• Have witnesses heard who were not heard at first instance

The Court looks at the dispute with fresh eyes and is not bound by the judgment of the first judge. That offers opportunities: you can fix mistakes from the first round. Did you find an important proof of payment, contract or e mail after the ruling? On appeal, you can still put it on the table. Jurists call this the re-chance function of the appeal.

The Court of Appeals: plural chamber

At the district court, often one judge looked at your file. On appeal, a plurality of judges usually reviews your case: three justices (judges at the Court). This makes the review more careful, but also more formal and legally complex.

Are you unsure whether it's better to opt for an appeal or a new claim? If so, also look at your broader strategy around outstanding payments and collection costs. Sometimes a fresh start with a new case is wiser than continuing to litigate on a weak judgment.

You cannot appeal for every small amount. The law has a financial threshold: the appeal limit. Is your claim lower than €1,750? Then an appeal is not possible. The verdict of the first court is then final.

How is this €1,750 calculated?

This is where things often go wrong. The apple limit is determined as follows:

• This is the amount of the original claim in the subpoena
• Interest up to the day of summons counts
• Is there also a counterclaim (counterclaim)? Then you add up the amounts of both claims

Example: you claim €1,200 and the other party makes no counterclaim. The judge rejects your claim. Because €1,200 is below the appeal limit, you cannot appeal. The judgment immediately becomes final: the case is legally ready.

Is your case in dispute over court fees and litigation costs? Then it is particularly important to have a good calculation made of whether you are above or below the appeal limit. An error in this calculation can mean that you mistakenly think that an appeal is still open, while in reality the door is already closed.

Not sure if your case is above the appellate threshold? Let us look at your judgment and summons. Together, we'll clearly map out the financial limits before you take expensive steps.

In the subdistrict court, you can often litigate yourself or have a collection agency such as Credifin act on your behalf. This is not possible on appeal: a lawyer is required there. You are not allowed to speak at the Court yourself, nor is a collection specialist or bailiff allowed to do so without a lawyer.

That directly affects your costs:

• You pay the hourly rate of a specialized trial lawyer
• An appeal is more substantively complex, so more hours are required
• Court fees are significantly higher than court fees

For B.V.'s and larger organizations, appeal court fees can run into thousands of dollars. And that's even before your lawyer has written the substantive documents. In your consideration, you should always weigh this against the size of your claim and the likelihood of success.

Doubting whether your case is big enough for appeal? Then also look at your previous investments in the collection process and total costs to date. Appeals always come on top of those previous investments.

Is your claim relatively small, but do you want to keep pressure on your debtor? Then it is often smarter to look at amicable solutions, re-collection or tight debtor management rather than litigating through to the Court.

In civil law, deadlines are rock hard. If you are late, you will be declared inadmissible and the Court will not even consider the content. The judgment of the first judge then stands, no matter how unjust you think it is.

What deadlines apply?

• Ordinary procedure: you have 3 months from the date on the judgment to appeal
• Summary judgment: you have 4 weeks from the date on the judgment

Note that this is the date on the judgment, not the day you receive the judgment in the mail. So don't wait until the last minute. Your lawyer needs time to study the file and prepare a proper appeal summons.

Want to know exactly what that first step looks like? Then also read our explanation of the summons and court proceedings. Many business owners underestimate how much preparation it takes to build a strong appeal.

Are you in doubt right now about whether to appeal, but want to keep the option open? If so, get in touch soon. Sometimes it is wise to first secure the deadline with an appellate subpoena and only then work out the full strategy.

Appeals are primarily written jousts, often concluding with a hearing. Broadly speaking, it proceeds like this:

Step 1: Appellate subpoena

Your lawyer will have a summons issued through the bailiff. With this you formally initiate the appeal and monitor the deadline. The content is often still limited. The real legal discussion follows later in the pleadings.

Step 2: Statement of grievances (your attack).

This is the most important piece of litigation. This is where your lawyer explains why you think the earlier judgment is wrong. Any objection is called a grievance. Consider:

• Judge did not properly consider certain facts
• The law has been misapplied to your situation
• There is new evidence that sheds a different light on the case

Anything that you do not attack will basically stay in place. Therefore, you must be complete and careful at this stage.

Step 3: Statement of reply (the defense) and cross-appeal

The opposing party may respond and try to undercut your grievances. In addition, the opposing party may file incidental appeals: also appeal themselves on parts they previously lost.

Therein lies a significant risk. Perhaps you only want to litigate about the interest, but the opposing party suddenly puts the principal sum back on the line in an incidental appeal. Then you may end up worse off on appeal than at first instance.

Step 4: Oral treatment

A court hearing often follows. Counsel ask questions and test arguments. This is also a time when cases are settled out of court. Especially in collection cases, a practical payment arrangement is often still agreed upon here.

Step 5: Judgment

The proceedings end with a judgment of the Court. The Court may:

• Affirm the earlier judgment (you lose and pay the costs)
• Set aside the judgment and redetermine the claim yourself

In the event of an annulment, the Court can still grant your claim or, on the contrary, reject it further. Thus, the outcome can be better, but also worse than in the first instance.

Do you want to know more about what happens after a judgment or verdict, such as attachment and execution? Then also read our explanation of the role of the bailiff and the execution process.

Suppose you lost the case and the verdict says you must pay €10,000. You appeal. Do you have to pay now or can you wait for the Court to rule?

This depends on one crucial phrase in the judgment: "declares this judgment to be provisionally enforceable."

Executable in stock: usually you have to pay immediately

Most judgments state that the judgment is provisionally enforceable. In practice, that means:

• You must pay even if you appeal
• The prevailing party may immediately have the judgment executed by the bailiff
• Attachment may be made while appeal is pending

An appeal then has no suspensive effect. The proceedings at the Court of Appeal continue, but the first judge's judgment is executed as usual in the meantime.

The refund risk: right, no money

A major risk is the so-called refund risk. This plays out, for example, in this situation:

• You pay €10,000 to the other party under pressure
• Two years later you win on appeal
• Court rules that you should have gotten the money back
• The other party is now bankrupt or has spent the money

You then have a legal right, but no money. Sometimes you can ask the court for security, such as a bank guarantee, but this is not easily granted.

Are you unsure whether to pay now or better seek advice first? Then contact us in good time. Together we will look at the judgment, the wording on provisional enforcement and your options towards the other party and the bailiff.

After the Court of Appeal, an additional step is possible for a small portion of cases: cassation to the Supreme Court. This is not a third substantive round, but a judicial review of the Court's work.

Supreme Court review:

• Whether the Court correctly applied the law
• Whether the judgment is logical and adequately reasoned
• Not revisiting the facts of your case

Cassation is specialized, lengthy and costly. In practice, for most collection cases in SMEs, the Court of Appeals is the end point. This is why it is so important to make a conscious and well-reasoned choice precisely there.

Do you have a principled legal dispute, for example about the interpretation of legislation or the amount of statutory interest? Then a cassation lawyer can assess whether cassation is a serious option. In many other cases, it is more honest to say: this is where it stops legally, and now it is time to look ahead.

At Credifin, we see entrepreneurs struggle with this choice every day. Losing hurts. The tendency to want to prove yourself right is very human. But as an entrepreneur, you have to calculate, not react from emotion.

Use this checklist to sharpen your decision:

• The math: does your claim outweigh the costs of lawyers, court fees and a possible court cost order? In practice, an appeal is usually only interesting from about €5,000 to €10,000 and up.
• The error: is there really a hard error made by the judge, or do you simply disagree with the verdict? Without strong grievances, the chances of success are slim.
• New evidence: do you now have exhibits or witnesses that could really tip the case?
• Recourse: will the other party still have money in one or two years? Winning an action against someone with no recourse will get you little.
• Principles: is it mainly about reputation or a point of principle? You may, as long as you accept the price tag.

Include your overall context as well. How does an appeal fit into your strategy around outstanding payments? And how does a long-term dispute affect your energy and focus on your business?

Notice that you especially "do not want to lose", but that the numbers actually say otherwise? Then sometimes it is more prudent to draw a line, learn your lesson and improve your processes on the front end. Think better credit checks, tighter accounts receivable management and timely use of a collection agency.

Credifin is a collection agency, not a law firm. We don't litigate in the District Court ourselves. But we also won't let you off the hook if a judgment is disappointing.

Have we previously helped you in the amicable collection process or in a judicial collection process at the subdistrict court? Then we will look at the judgment together and make a fair assessment:

• Do we see legal opportunities on appeal?
• Does it make financial sense for your situation?
• How great is the risk of being left with less at the bottom?

If the step to appeal is logical and justified, we will warmly transfer your case to a specialized lawyer from our network. We will remain your sparring partner so that you can maintain an overview of your overall collection strategy.