Interim relief
What is interim relief?
Interim proceedings are an urgent procedure in which you ask the court for a quick (provisional) decision. You do this in an urgent case. It is not mandatory to use a lawyer if you want to file summary proceedings.
When can you start a procedure?
If you want to start an urgent procedure in the event of, for example, an eviction, lifting an attachment, claim, etc.
What do you need to start summary proceedings?
A procedure starts with a petition in which you ask the court for a quick (provisional) decision. The petition must be submitted at least in duplicate (depending on the number of defendants) to the bar of the General Court.
The petition contains the name, address, place of residence, telephone number (s) and e-mail address (es). From plaintiff (s) and defendant (s).
You must enclose (an) extract (s) from the population register and / or (an) extract (s) from the Chamber of Commerce (not older than 3 months) from the defendant (s).
For cases that are submitted in person (without a lawyer), you must enclose the bailiff's proof of payment;
If you require a shorter notice period, you should make a mention of this in the petition, with a copy to the other party (art.56 procedural rules 2018)
You must sign the petition
What does it cost?
You must pay court fees to file summary proceedings. The amount of the court fee is determined by the amount of the claim.
Adhesive stamps
In Aruba, Curaçao and Sint Maarten you must also stick adhesive stamps on your petition.
Aruba
In Aruba you have to buy an adhesive stamp of 8, - awg for the first four pages of your petition. For the fifth and sixth pages you buy stamps of 8, - awg and 4, - awg. For petitions with more than six pages, purchase two adhesive stamps of 8, - awg. You can buy the adhesive stamps at the counter of the Court of First Instance in Aruba at the J.G. Buy Emanstraat 51.
Curacao
You must stick NAf 20 on adhesive stamps on one or two pages of your petition and NAf.10 for each subsequent page. These adhesive stamps are available at the counter as well as at the Recipient Curaçao at the Regentesselaan.
St Martin
In Sint Maarten you pay NAf. 10, - for the first four pages and for each page that follows you pay NAf. 5. You can buy the adhesive stamps at the counter of the "Courthouse" on the Frontstreet 58.
Please note: for multiple claimants, with multiple claims, court fees must be paid per claimant (art. 20 National Decree on rates in Civil Affairs)
How quickly is it dealt with and how quickly is a judgment.
Pursuant to Article 55 of the 2018 procedural rules, the degree of urgency of the case is determined by the court.
Seat
The petition is handled by the judge at a hearing. You and the defendant will receive a summons for this. The defendant receives a copy of the petition enclosed as an attachment.
When served by the bailiff, the defendant is summoned by the bailiff.
Submitting / sending productions (pieces) can in principle take place at the latest on the working day prior to the session at 14:00 hrs (Article 57 of the 2018 procedural rules). With equal mail to the counterparty.
For a proper assessment of the dispute it is important that both parties are present at the oral hearing to explain their position.
Verdict
After the hearing, the judge makes a decision in the form of a judgment. The verdict is usually pronounced within two to four weeks after the hearing. You can pick this up at the Front Office of the Court or you can have it sent to you.