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Renting out your Dutch house; three major major pitfalls

In recent times, the population of major Dutch cities has become more and more international. However, finding decent and affordable accomodation is not easy in the Netherlands, particularly in the cities. Dutch housing market has been more than tense for quite some years now, traditionally in the western part of the country, but more and more in other parts too. Ownership of a house has been stimulated by the government for decades, and as a [...]

Hupkes advocaten2022-08-17T17:52:49+01:0019 June 2020|Disputes about Residential Property, How To|

Dutch Civil Litigation

In the Netherlands most cases begin in the district court (“rechtbank”). Appeals against decisions of the district court can be heard at one of the four high courts (“gerechtshof”). Above the high courts is the supreme court, the High Council of the Netherlands (“Hoge Raad”) Summary proceedings In the Netherlands, “summary proceedings” is a popular procedure intended to quickly provide clarity regarding legal disputes. Just as in other countries, court cases can take a long [...]

Hupkes advocaten2022-08-17T17:56:46+01:0020 April 2020|Appeal, How To, Summary Proceedings|

How to recognize investment fraud

Suppose you are called to start investing and it seems like something to you. You look at the website and it looks good. You can start with a low amount and your investments will go well. You get a call again, and you're tempted to make some more. But you still have doubts, because the company is abroad and you wonder if it isn't too good to be true. How do you recognize whether you may be dealing with a "boiler room"? In this article we give 9 tips on how to spot an unreliable investment website. Investment fraud is common. It happens to both novice investors and experienced investors who embark on an adventure with CFDs (contracts for difference) and Forex products. These are our tips!

Hupkes advocaten2024-03-20T12:14:52+01:008 April 2019|Cryptocurrencies, How To, Investment Fraud & Boiler Rooms|

Is a judgment from abroad recognized in the Netherlands?

States are sovereign and it is not self-evident that a court decision from another country is recognized. However, there are treaties on the basis of which a decision of a foreign court in the Netherlands can be recognized and enforced by the bailiff. In the absence of a treaty, a special arrangement applies: art. 431 Rv.

Hupkes advocaten2022-08-19T11:34:17+01:0030 June 2018|European Bank Account Preservation Order, How To|

What can a seller of a home do if the buyer doesn’t pay?

A seller can suffer considerable damage if a buyer dissolves the purchase contract. Termination is not always possible and not always valid. What are the pitfalls for buyers when invoking a financing reservation, and what can a seller do to claim damages if the sale is canceled incorrectly? The seller usually claims 10% of the purchase price, the cancellation penalty, but can also recover the entire damage or prefer fulfillment.

Hupkes advocaten2022-08-19T11:36:16+01:0020 April 2018|Disputes about Residential Property, How To|

What to do when your Dutch supplier does not comply with its contractual obligations? Default?

Suppose that your company has done business in the Netherlands. You have bought a machine, have done a delivery or you have given a different order. The arrangements have clearly been outlined in a contract, in e-mails or in a different way. You have received an invoice and paid it. Now you are expecting a delivery from the Dutch company, but the product does not arrive. What to do now? Contracts have to be honoured. [...]

Hupkes advocaten2022-08-19T11:36:46+01:0018 April 2018|How To, Various|

How do you get rid of a bank account preservative attachment?

Seizure on a bank account is quite a nuisance for the person it affects. This certainly applies if the bank sets aside the entire balance of the account, while the stake in the legal dispute is lower than the balance. What is a quick solution to clear the bank account? In legal practice, a lot of work is done with depositing security into a third-party account of a lawyer. This warranty is equivalent to attachment.

Hupkes advocaten2022-08-19T11:39:11+01:008 April 2018|Appeal, How To, Preservatieve Attachment, Summary Proceedings|

Can you file for the bankruptcy of a “Limited” in the Netherlands?

Dutch entrepreneurs can set up a foreign legal entity such as the English "Limited" (Ltd.) with which they are only active in the Netherlands. Sometimes it concerns entrepreneurs with a history of fraud or bankruptcy, who - not for the first time - do not fulfill their obligations. What if you have money from such a limited and the company does not pay? Can you go to the Dutch court to file for bankruptcy or do you have to conduct expensive proceedings abroad?

Hupkes advocaten2022-08-19T11:45:38+01:0023 March 2017|Bankruptcy, Claiming Salary, Fraud & Deception, How To|

Debt Rescheduling Act and Alimony

If you are in debt restructuring, you do not have the means to pay alimony. If your ex-partner does not cooperate with a reduction (zero reduction), you must go to court.

Hupkes advocaten2022-08-19T11:48:38+01:009 November 2016|Alimony, Debt Restructuring, How To|

Your employee no longer pays a health care premium. What now?

If someone does not pay a health care premium for six months, he or she is registered as a defaulter with the Dutch Care Institute. From that moment on, the so-called defaulter must pay an administrative premium to the Dutch Health Care Institute. This administrative premium is higher than the health care premium and replaces the health care premium to the health insurance company.

Hupkes advocaten2022-08-19T11:50:59+01:008 June 2016|How To|

Tackling a scammer (part 2): compensation

We have received many positive responses to our article on tackling scammers dated April 2, 2016. Most of the responses came from people who have been victims of a scammer. We also received many questions about the legal means that a lawyer can use to recover the damage from a scammer. The article was about tackling scammers through civil courts. Words like “fraud” and “fraud” are not in the Civil Code. So what are the tools we use to recover money from a scammer in a lawsuit? In this article we give a look into our kitchen. This is how we work if we summon a scammer and arrange compensation for you.

Hupkes advocaten2022-08-19T11:51:42+01:0012 May 2016|Fraud & Deception, How To, Unlawful Act|

Scammed. How do you deal with a scammer?

It is always advisable to report the scammer. Scams just don't have the highest priority. Violent cases, murder and burglary often receive more attention. Moreover, investigative work in fraud and fraud cases takes a lot of manpower and time; scammers often work smart. So you should not have too high expectations of detecting and prosecuting scammers. Moreover, and that is what this article is about, recovering the embezzled money or claiming damages is not the job of the police. You need to see a lawyer for that.

Hupkes advocaten2022-08-19T11:53:51+01:002 April 2016|Fraud & Deception, How To, Unlawful Act|

Order will actively enforce rule of conduct 2 paragraph 2 regarding lead generators

More and more attorneys are recruiting clients through "lead generators." The Bar Association has announced an offensive against this way of working. There will be a "repentance" scheme for lawyers who disclose. The Order's approach leads to questions of principle about how lead generators work, a young industry in which a lot of money is involved.

Hupkes advocaten2024-03-07T16:51:26+01:0014 January 2016|How To, Various|