Court proceedings

No removal. Now what?

The lender does not want to cooperate in removing your information from the BKR system. However, this does not mean the end of your case. The lender does not want to cooperate, but other agencies can force the lender to remove the registration. You can ask these agencies to do a reassessment.

Step to court

The lender has indicated that they do not want to remove the registration. Based on this response, you can take the case to an independent judge within six weeks. The judge will review the entire file and decide whether the registration should be allowed to stand or not.

If you choose to take this matter to court, we will work with you to prepare a petition. In this petition, we will explain in detail what is going on and why we believe the registration should be removed. We will need to file this petition with the court within six weeks. The moment the petition is received by the court, the legal proceedings begin.

The court will want to schedule a hearing as a result of the petition. You must be present at this hearing. Before the hearing, the lender will give its views on the case through a statement of defense. After the hearing, during which we orally discuss your case with the judge and the lender, the judge will rule on the BKR registration and determine whether it may remain visible. The ruling generally follows within six weeks of the hearing.

The average processing time for a case in court is about three to six months.

Do you have an urgent case?

Should it be the case that you are unable to wait three to six months due to your urgent interests, it is possible to initiate summary proceedings. Depending on the situation, a decision on the case can be made within two to four weeks. Due to the special nature of summary proceedings, this case should be conducted by a lawyer. We would be happy to meet with you to discuss whether summary proceedings would suit your case and what the costs would be.