Verstek

Default is a procedural term in Dutch civil procedure law denoting that a party fails to respond to the summons or is absent from the hearing. This may result in a default judgment granting the claimant’s claim without any substantive defence having been advanced.

The provision is relevant because it expedites proceedings and prevents cases from being unduly delayed by non-responding parties. At the same time, opposition affords the defendant the opportunity to present a defence nonetheless within four weeks after service of the judgment.

In practice, default regularly arises in debt collection matters and tenancy disputes, where lawyers ensure that the summons is duly served so as to avoid subsequent annulment of the judgment.