Default Judgment and Application to Set Aside the Judgment

If the defendant does not appear on time or omits to engage a lawyer, the court will declare the defendant to be in default of appearance and give default judgment. In a default judgment, the claimant’s claim is in principle allowed, unless the court considers this claim unlawful or unfounded. A response to default judgment is possible: this has to be done within four weeks after service of the judgment, by filing an application to set aside the judgment. In that case, the writ of summons containing an application to set aside a judgment will be regarded as the statement of defence.