[ archief ] dagvaarding to a wrong address?

[Flori]

hello people,

sorry to type English. i am leaning dutch now but my dutch is not good enough yet to express myself.

The gerechtsdeurwaarder sent the dagvaarding to my old address. I have already registed with the cityhall with my new adress before the exploot. Due to the sending to a wrong address, I did not know the court session, and the court made a decisions (vonnis) against me since I failed to show up to defend for myself.

In this situation, can I sue the gerechtsdeurwaarder? and is there possibility to win the case?

Would anybody so kind as to give me some suggestions? Alvast bedank for your help!!

[Athoz]

Hi flori,

We have several certified bailiff's on this forum who can answer your question.. My personal POV on this is that if you can prove you were already registered on another address the moment you got the summon on your previous address, they arent acting according to legal terms.. This means that they actually didnt 'summon' you as stated by law.

HOWEVER, im only 'seemed' to this after reading the forums, so advice from the professionals is highly recommended. Just await reply from either 'Deurwaarder Mark', 'Pavlov' or 'Guusje' (excuse me the typos in the aliases) as they are fully aware of these kind of legal affairs..

Kind regards, and good luck..

[Flori]

Hi Athoz,

Thanks a lot for your reply!

I can prove that I had already registered in the new address when the summon was sent to me. I also think there was a breach of civil procedure law.

1. I have struggled with the gerechtsdeurwaarderwet with my limited dutch, where the gerechtsdeurwaarder is required to try to work with due diligence and precision. and aricle 15 is about the exploot. but i could not find the specific standards for sending the exploot. but i think sending to a wrong address should not be a reasonable way of working by a deurwaarder.

2. then I saw somewhere a reply from 'Deurwaarder Mark' , he mentioned article 46 of the dutch civil law procedure. I Guess it says how a exploot should be sent. The deurwaarder at the least has to convince himself that he has sent the exploot to the person he wanted. Simply throwing the exploot to the mailbox without any other action should not be a valid notice.

3. I read a case law, the deurwaarder defended himself like, since his client gave the address, so he should rely on the information, and a check to the GBA at the first place is a violation of privacy. The judgement was agasint the deurwaarder. But there are also other details in the case, and again, my dutch does not give me enough confidence to draw a conclusion.hehe.

So, I really need professional advice about the possiblity to start a litigation. and even more importantly, the chance to win the case, because feasible in theory does not always ensure success in practice.

But anyway, really grateful and many thanks to you and waiting for more suggestions.

[Athoz]

Hey flori..

I'll send 'Deurwaarder Mark ' and the others a PM to notify the about his thread.. I hope they can help you out, cause if you got summoned without even knowing about it, you should be able to form some sort of appeal about the ruling in this since you never got anything..

Good luck to you, and keep us posted about how your case evolves!

Kind regards,

Athoz

[Pavlova]

Hello Flori,

First I would like to ask you how dit you find out about the verdict ('vonnis')? Did the bailiff bring this to you by "exploot"?

And on what date was the 'dagvaarding' brought to your old adress, and when dit you register yourself at the cityhall?

Leaving the exploot in the mailbox is by the way a correct way to leave it in case no one answers the door.

[Flori]

oh, thanks a lot Athoz and Pavlova. I hope I will not cost too much trouble to your people.

Hey Pavlova, to your questions:

1. First I would like to ask you how dit you find out about the verdict ('vonnis')? Did the bailiff bring this to you by "exploot"?
The vonnis was sent to me on 28th January. In the morning, a guy rang my door bell, and confirmed the name on the letter, then gave me the letter. the mail in the evenlope contained mainly three parts: afschrift, vonnis, and verklaring inkosten. I assue this is a form of exploot, but i am not sure. I came to know the existence of gerechtsdeurwaarder only after I got the letter.

2. And on what date was the 'dagvaarding' brought to your old adress, and when dit you register yourself at the cityhall?
The dagvaarding was sent to my old adress on vijftiende december, 2009, noticing me a court session on 30th Dec. I registered with the cityhall on my new address on 1st of December with a letter from the cityhall as a proof. so I got the vonnis out of the blue, totally no idea at that time.

the summerized timeline is :
1st Decmeber, 2009, registered on the new adress
15 th Dec. 2009, dagvaarding from the deurwaarder (but to the old address)
30th dec. proposed court session (did not attend since i did not know it)
6th January, 2010 verstekvonnis
28th January 2010, vonnis sent by the gerechtsdeurwaarder (the first time, i came to know the word gerechtsdeurwaarder)

Thank you again!

[Guusje61]

Hello Flori,

Violation of privacy is no argument for not checking the info in the GBA. Bailiffs have an explicit permission to check the address for the summon. The guy that rang on your door, was he a bailiff? When he was a bailiff it was wrong to give you the verdict in an envelope, he had to give you the verdict and some explanations about the consequences.
There are two things you can do.
First: contact another bailiff and tell him you want to defend against the verdict (verzetdagvaarding), you have to do this in 28 days after the sending of the verdict. So time left is short, the last day is the 25th of February. Then you can attend in court.
You can find a bailiff in your area on http://www.ksu.nl/dw/isapi/deurwaarder.dll/search?en
Tell him (or her) everything, including why your do not agree this verdict. And ask him what you have to pay in advance and how he sees your chances to win.

Second: there is no possibility to sue the bailiff in civil law, but you can complain. At first you have to send your complain to the bailiff. If he doesn’t react on your complain or if he stays with the argument of violation of privacy you can send your complain to the Chamber of Bailiffs. The address of the Chamber is
Kamer voor Gerechtsdeurwaarders
Postbus 84500
1080 BN Amsterdam
Tel.: 020 - 541 28 25
Fax: 020 - 541 21 80
Although the information is in Dutch, please try to read http://www.kbvg.nl/index.php?id=134


Guusje

[Deurwaarder Mark]

I see there's nothing left to me, everything has been said already...

[Flori]

many many thanks to the professionals above, you are really helpful!!

hey Guusje61, thanks for your suggestions. As far as i understand, the first route u suggested opens the possibility to rexamine my case substantively by the court. and the complaint in route 2 is the possible way to address my dissatisfaction about the bailiff, i can not start a new litigation to sue him. Hope my understanding is right. So, i decided to do the following:

Tommorrow I will send a registered mail with my complaint to the gerechtsdeurwaarder (M.G.de Jong). If not satisfactory, then, make a complaint to the Kamer for this procedural wrong.

But anyhow, I will contact a bailiff in my region as soon as possible to talk about the substance of my case, and if positive (though personally i believe so,hehe), then appeal the court decision, give myself the chance to defend the case.

Thanks everyone, and sweet dreams!

[Guardian72]

gerechtsdeurwaarder (M.G.de Jong).

I cannot help but again wonder - why do people complain about the same people.

There are several topics about this M.G. de Jong - and most of them are in conjunction with (procedural) errors.

I would get some decent legal advice - and keep all documentation safe.

Best of luck,

[snepke]

M.G de Jong,hoort bij Lindorff.Veel fouten.

[Flori]

ja. I think they should be more precise and responsible for their job.

It is not only good for the defendants, but also good for themselves, save them from lot of complaints. It also costs time, reputation, energy and money to deal with complaints, I think.

[Guardian72]

reputation

WHAT reputation?

[Athoz]

reputation

WHAT reputation?

Oi, a bad reputation is at least a reputation

[snepke]

Wat je een reputatie noemt, ze zijn berucht

[Flori]

o, I thought the reputation of being a qualified gerechtsdeurwaarder.

now it seems from the replies they do not care about it.