Soil proceedings for unpaid invoices

A trial on the merits is the extended, ordinary civil court proceeding. The judge takes the time to get to the bottom of your case. Hence the name.

On the merits:

• Does the judge calmly go through all the facts and documents
• Is there room for evidence, such as quotes, mail exchanges and invoices
• Can witnesses be heard
• Does a final verdict eventually follow

That judgment is binding. The judge decides who is right and what amount must be paid. With this judgment you can enforce payment through a bailiff, for example by seizing income or bank accounts.

So this is different from a quick, preliminary ruling in emergency proceedings. Want more background on litigation in general? Then also read our page on court proceedings.

Fortunately, by no means every outstanding invoice ends up in court. In the vast majority of cases, payment is made amicably. Especially if you engage a professional collection agency in time and give proper notice with, for example, a correct WIK letter or final demand letter.

Still, sometimes a trial on the merits is unavoidable. Usually in these situations:

1. The debtor disputes the claim

For example, your customer says that your website is not working properly, that the painting work is defective, or that he never ordered it. There is then a substantive dispute. A collection agency may not judge this itself; only a judge may do that.

In such a case, you need a trial on the merits to get a determination of who is right and the amount owed.

2. The case is legally complex

Consider unclear general terms and conditions, a complicated payment arrangement, international elements or discussion of additional work. The judge uses the proceedings on the merits to sort everything out quietly.

3. There is no urgent interest

Summary judgment requires urgency. With most monetary claims, that is difficult to substantiate. "I just want my money" is usually not enough. Therefore, in practice, proceedings on the merits are the standard route for debt collection cases that are in dispute.

Still unsure if litigation makes sense in your situation? Then first take a close look at your entire process. Our page on the collection process helps you check whether the amicable phase has been fully and carefully completed.

Entrepreneurs often confuse proceedings on the merits and summary proceedings. Yet you make this choice your entire strategy. In a nutshell:

You can think of summary proceedings as a sprint: you want a quick interim solution, such as to stop an illegal publication or stop an impending eviction.

A trial on the merits is the marathon: the judge wants to know the whole story and then makes a final ruling. Therefore, for most collections with dispute, proceedings on the merits are the logical route.

Want to learn more about emergency proceedings and subpoenas? Then also read our guide on subpoenas.

Before proceedings begin, it must be clear which judge your case belongs to. This is called the court's jurisdiction.

The subdistrict court: claims up to and including €25,000

For monetary claims up to and including €25,000, your case will go to the subdistrict court. All rental cases, employment cases and consumer purchases also go through the subdistrict court, regardless of the amount.

Important benefits for you:

• You don't have to hire a lawyer
• You may litigate yourself or get help from a specialized lawyer
• As a result, costs remain more manageable

This often makes the subdistrict court a lot more accessible in debt collection cases. Especially if you work with a collection agency that has experience in subdistrict litigation.

The civil (commercial) court: claims over €25,000

Is your claim higher than €25,000? Then you end up in the civil or commercial courts.

Important to know:

• A lawyer is required here
• So you cannot conduct the proceedings yourself
• The total cost is usually a lot higher

For higher amounts, proper consideration is even more important. Consider your chances, the opposing party's story and the costs you are willing to incur. Learn more about the fixed court fees you always pay when litigating on our 2026 court fees page.

A case on the merits follows set steps. That gives you something to hold on to. Below you can see what the process looks like in outline.

Step 1: Getting subpoenas issued

The proceedings start with a subpoena. This document states what you are demanding of your client and why. A bailiff officially issues the subpoena. From that moment on, the proceedings begin.

Step 2: The roll call hearing

On the date in the summons, the case arrives on the roll, the court's calendar. The judge checks to see if the defendant has appeared.

• Failure to appear: Then the judge can issue a default judgment and in many cases you will be vindicated
• Did appear: Then the case proceeds and your client may defend

Step 3: Conclusion of response

Your customer will have a chance to explain in writing why they are not paying. This is called the conclusion of reply. In it he lays out his defense and adds his own supporting documents.

Step 4: Hearing (court appearance).

After the written submissions, the judge often schedules a hearing. You and your client present your story. The judge:

• Asks questions to get clarity
• Looks like you can still make a settlement
• Discusses what the follow-up looks like

Many issues are resolved by mutual agreement here. This can save you time, money and uncertainty.

Step 5: Additional written rounds

Is the case complex or do questions remain? Then the judge can schedule another round of reply and rejoinder. You then respond once more to the defense and your client then responds again to your response.

Step 6: The verdict

Finally, the judge rules. He can grant your claim, reject it, or first ask for additional evidence or witnesses in an interlocutory judgment. If it is granted, you will receive a judgment with which you can proceed to enforcement. In our knowledge base you can read more about what happens next in the execution process after a judgment.

Proceedings on the merits require patience. Whereas in the amicable phase we often see results within a few weeks, the court works at a different pace. Due to staff shortages and crowds, cases can take longer than you might hope.

Rough indications:

• In default (your client does not respond at all): often a judgment within 4 to 8 weeks
• Simple case with defense: average of 4 to 9 months
• Complex case with witnesses or additional written rounds: 12 months to sometimes 2 years

It is important to factor this into your consideration. Sometimes a reasonable settlement during the hearing is smarter than litigating for months on end. We like to think along with you and explain honestly what you can expect from proceedings.

Would you prefer to take one more step before going to court? Then check that your collection process is complete and that you sent the correct final demand letter.

Litigation costs money. The main costs are:

• Bailiff fees
  For issuing the summons. Think roughly 100 to 150 euros, depending on the type of case and the bailiff's rates.
• Court fee
  This is the cost you pay to the court to have your case heard. The amount depends on the amount of your claim and whether you are litigating as a business owner or an individual. We explain this in detail on our page about court fees in legal proceedings.
• Cost of your lawyer or attorney
  In the district court, a lawyer is often sufficient. In civil court, a lawyer is mandatory. Hourly or package rates vary by firm.

Who ultimately pays the cost?

In the Netherlands, the general rule is: the loser pays. If you win the case, the judge will order your client to pay the legal costs.

Note that the judge works with a fixed point system (liquidation rate). This means that you usually won't get full reimbursement for all your actual attorney fees.

In subdistrict court proceedings, where you can work without an expensive lawyer, the gap between the actual costs and the fee is often smaller. We calculate with you in advance what is sensible, so that you do not run more risk than necessary.

Unsure if litigation is financially worthwhile for your case? Feel free to contact us or submit your case via Incasso indienen. Together we will look at the relationship between costs, chances of success and expected revenues.

If you win the case on the merits, you will receive a judgment. This is more than just a nice letter with a stamp. It is an enforceable title. It allows a bailiff to actually execute the judgment.

Is your customer still not paying voluntarily? Then the bailiff can, among other things:

• Seizing the bank account
• Filing wage garnishment with employer
• Seize car, contents or business assets
• In extreme cases, prepare a bankruptcy petition

A judgment is valid for 20 years. That gives you a long time to still collect money, even if your client has little recourse right now.

Want to know what follow-up steps are wise in your situation after a judgment? On our page about the bailiff you can read what is possible after the court judgment.