An opposition proceeding is a legal mechanism that allows a party against whom a default judgment has been rendered to have the case reconsidered. This process takes place before the same judge who issued the default judgment. The opposition gives the defendant the opportunity to present their defense and make their arguments known. Below is a detailed explanation of the opposition proceeding, the steps involved, and the role of Bas A.S. van Leeuwen as an attorney and forensic auditor in this process.
1. Definition and Purpose of Opposition
An opposition proceeding allows the party against whom a default judgment was issued to:
- Reopen the Case: Have the case re-evaluated by the same judge who rendered the default judgment.
- Present Defense: Present their arguments and defenses that were not heard previously due to the defendant’s absence at the initial hearing.
2. Initiating the Opposition Proceeding
2.1 Summons and Statement of Defense
- Summons: The opposition proceeding begins with an opposition summons. This is a legal action in which the defendant notifies the original plaintiff that they are contesting the default judgment.
- Statement of Defense: The opposition summons also serves as a statement of defense, meaning that the defendant not only announces their opposition but also presents their formal defense against the original claim.
2.2 Possible Counterclaim
- Counterclaim: The opposition summons can include a counterclaim, where the defendant not only contests the default judgment but also files a claim against the original plaintiff. This counterclaim is considered alongside the opposition.
3. Course of the Opposition Proceeding
3.1 Reopening the Procedure
- Adversarial Hearing: Once the opposition is filed, the case is reopened for substantive review. The judge will consider the case anew, allowing both parties to present their arguments and evidence.
3.2 Hearing and Further Proceedings
- Hearing of Parties: A new hearing may be scheduled where both parties are present. During this hearing, the judge may ask additional questions and the parties can clarify their positions orally.
- Submissions and Written Rounds: After the hearing, parties may submit additional written arguments or responses.
4. Role of Bas A.S. van Leeuwen, Attorney at Law and Forensic Auditor
4.1 Preparation of the Opposition
Bas A.S. van Leeuwen plays a crucial role in preparing and filing the opposition:
- Analysis of the Default Judgment: Conduct a thorough analysis of the default judgment and the underlying procedure to understand why the default was granted and which aspects of the case need further attention.
- Drafting the Opposition Summons: Prepare a legally sound opposition summons, including the statement of defense and any counterclaims.
4.2 Strategic Advice
Bas A.S. van Leeuwen provides strategic advice on:
- Opposition Strategy: Develop an effective strategy for filing the opposition, considering the legal and factual aspects of the case.
- Defense and Counterclaim: Advise on the best approach for presenting the defense and, if applicable, filing a counterclaim, including the gathering and presentation of evidence and preparation of legal arguments.
4.3 Handling the Case
During the opposition proceeding, Bas A.S. van Leeuwen may perform the following tasks:
- Managing Litigation: Handle the case during the new hearings, including presenting evidence and arguments to the judge.
- Support in Evidence Presentation: Assist in gathering and presenting the necessary evidence to support the opposition and counterclaim.
