What is an appeal in a debt collection case?
An appeal is a legal remedy by which you have a judgment of the District Court reviewed by the Court of Appeal. The Court of Appeal re-evaluates the case in its entirety—both the facts and the application of the law. You can introduce new arguments, submit new evidence, and challenge errors in the judgment of the first instance.
In a debt collection case, as a creditor, you can lodge an appeal if the court has rejected your claim or only partially awarded it. However, as a debtor, you can also appeal if you disagree with a judgment ordering payment.
An appeal always requires a lawyer. MKBjuristen immediately engages a specialized lawyer.
When is an appeal possible?
An appeal is possible against virtually all final judgments of the court, provided that two conditions are met.
First, the financial interest must exceed €1,750. For claims of €1,750 or less, appeal is excluded — the judgment is then final.
Secondly, the time limit must not yet have expired. In main proceedings, you have three months after the ruling to lodge an appeal. In the case of a summary judgment, the time limit is only four weeks. Exceeding the time limit results in definitive loss of rights without the possibility of rectification. Therefore, act quickly if you are considering filing an appeal.
How does the procedure work?
The appeal procedure follows a fixed sequence.
The notice of appeal is the start. Your lawyer drafts the notice of appeal, and the bailiff serves it on the opposing party within the appeal period. In the notice of appeal, you do not yet need to explain why you are appealing — that follows later.
The statement of grounds for appeal is the central procedural document. In it, your lawyer formulates the grounds for appeal: the concrete objections to the specific considerations of the judgment. The Court of Appeal reviews only those parts against which you explicitly raise an objection. Vague or general objections rarely lead to success.
The opposing party responds with a statement of defence. This may be followed by oral arguments or a
hearing.
The Court of Appeal then delivers its ruling — the judgment. On average, appeal proceedings take nine months. The Court can uphold, set aside, or partially modify the judgment.
Your debtor is appealing — what now?
If you have won a judgment in the first instance but your debtor lodges an appeal, it is essential that you present a defense. If you do not respond, there is a high probability that the Court of Appeal will overturn the judgment.
If the judgment has been declared provisionally enforceable, you may execute in the meantime — even if an appeal is pending. However, please note: if the judgment is later set aside on appeal, you will be liable for the damages suffered by the debtor as a result of the execution. Always seek advice before executing while an appeal is pending.
When is an appeal worthwhile?
An appeal is worthwhile if there are concrete legal errors in the judgment — the judge incorrectly assessed a fact, applied the law incorrectly, or failed to follow the procedure properly. An appeal is also a serious option if new evidence has become available after the judgment that could have influenced the outcome.
An appeal is less worthwhile if the judgment is based on undisputed facts and contains no discernible errors. You may even fare worse than in the first instance. We fairly assess in advance whether an appeal has a chance of success.
