Verweerschrift

The statement of defence constitutes the defendant’s formal response to a writ of summons or petition. It sets out the facts and legal grounds by which the claim is contested or qualified, thereby enabling the court to obtain a complete picture of both parties’ positions.

This document is of considerable importance, as it affords the defendant the opportunity to present a defence and to adduce any counter-arguments or evidence. In the absence of a timely and properly substantiated statement of defence, there is a risk that the court will allow the claim by default.

In practice, the statement of defence is ordinarily filed within the time limit prescribed by the court and is frequently prepared by counsel, who may also include a counterclaim.