What is a summons?
A summons is a written call for your debtor to appear before the judge. It is the first formal step in the legal proceedings and is personally handed to the debtor by a
bailiff.
The summons states who the plaintiff is, what is being claimed, on what grounds that claim is based, and when the debtor must appear before the judge. The summons must be signed by the bailiff serving it.
The serving of a summons is laid down in the Code of Civil Procedure. Only a
bailiff may serve a summons. Drafting the summons and conducting the proceedings in court requires a lawyer for claims exceeding €25,000.
When do you summon your debtor?
A summons is the next step if the out-of-court collection process—demand letters, telephone contact, and negotiation—has yielded no results. You have given the debtor sufficient opportunity to pay. Now it is time to let the judge rule.
The longer you wait, the greater the risk that other creditors will beat you to it and that there is nothing left to recover from the debtor. Acting quickly is crucial in legal proceedings — especially if there are signs of impending bankruptcy or flight of assets.
How much does a summons cost?
Drafting the summons by MKBjuristen costs €129. In addition, there are costs for the bailiff who serves the summons and court fees.
In the event of a successful procedure, these costs are in most cases recovered from the losing party. You know exactly where you stand in advance — no hidden costs, no hourly rate surprises.
Why do most debtors pay immediately after receiving the summons?
In practice, many debtors pay the outstanding debt immediately after the bailiff has served the summons — without a hearing taking place. The reason is simple: the debtor understands that you mean business and that further resistance will cost him more than payment.
If the judge rules in favor of the plaintiff, the debtor is ordered not only to pay the principal amount but also to reimburse the legal costs — the costs for the lawyer, the bailiff, and the court fees. This makes payment before the hearing more attractive for the debtor than after a lost
procedure.
If the debtor does not file a defense, the judge issues a default judgment. In this judgment, the judge almost automatically rules in favor of the plaintiff.
What must be included in a summons?
A summons must meet strict legal requirements. An error in the summons can lead to the nullity of the proceedings. The summons contains at least:
– the date of service
– name, address and place of residence of the claimant
– name and office address of the bailiff
– name and place of residence of the defendant
– the claim and the grounds on which it is based
– the available evidence
– the location of the court
– date and time of the roll call hearing
– name and address of the lawyer or authorized representative
We ensure that the summons is legally watertight and that your claim is presented as strongly as possible.
Do I need a lawyer for a summons?
For claims up to €25,000 (sub-district court cases), you can litigate without a lawyer. We will assist you in this
as your authorized representative.
For claims exceeding €25,000, you are required to engage a lawyer for the summons procedure. Exception: in tenancy and employment cases, you may also
litigate before the sub-district court without a lawyer for amounts exceeding €25,000.
MKBjuristen immediately engages the right lawyer based on the amount and nature of your claim — without
you having to search yourself.
What happens after a successful procedure?
If the judge rules in your favor, you will receive a judgment. With that judgment, you have an enforceable title —
you can proceed to seize all of the debtor's assets: bank accounts, real estate, vehicles, shares, and claims against third parties.
If the debtor refuses to pay even after the judgment, we will engage a bailiff for the execution.
