Direct Action in the Procedure: From Summons to Judgment in Tilburg
The direct action procedure in Tilburg includes summons, summons at District Court Breda, hearing of parties, and judgment. Evidence such as reports from Et Zusterhuis is essential. Costs are recoverable upon success. (28 words)
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Arslan AdvocatenLegal Editorial
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# Direct Action in the Procedure: From Summons to Judgment in Tilburg
In Tilburg, a vibrant city in North Brabant, filing a direct action requires a structured legal procedure at the **District Court of Zeeland-West-Brabant, Breda location**, which also handles cases from Tilburg. After gathering evidence, you proceed directly against the insurer via the **summons procedure** before the sub-district judge.
## Steps in the Procedure
1. **Registered summons**: Send a formal letter with damage calculation and evidence, ideally via a bailiff in Tilburg such as Bailiff Tilburg B.V.
2. **Summons**: Have a bailiff serve the insurer with a summons (article 114 Rv), with hearings often scheduled in Breda, easily accessible from Tilburg via the A58.
3. **Hearing of parties**: Both parties present their defenses in court; mediation via the local Juridisch Loket Tilburg is often possible and recommended.
4. **Conclusion and judgment**: The judge awards a decision up to the insured amount, with enforcement via local bailiffs.
## Evidence and Expertise
Crucial are medical reports from Et Zusterhuis or Amphia Hospital in Breda, appraisal reports for vehicles via Tilburg expertise agencies, and witness statements. The insurer must respond within a reasonable term. In personal injury from accidents on the Ringbaan or at events such as the Tilburg Fair, the **Wibaut norm** applies for non-pecuniary damages. Costs: court fee approximately €85-€500, plus lawyer fees from Tilburg firms such as Van Etten & Partners, which are often recoverable from the opponent (article 6:96 BW). Success rate is high with clear liability on Brabant roads, but in case of dispute, an expert report via the Judicial Medical Laboratory may be required. Prepare for possible interim claims for advances, with support from the Injury Compensation Council in the region.