In urgent situations, you can initiate an urgent procedure (Kort Geding) at the civil court to obtain a quick judicial decision regarding the removal or correction of a BKR registration. Such an application is particularly suitable if there is an immediate emergency situation that is negatively impacted by the existing registration. An urgent application for the removal of a BKR registration can only be filed in cases of acute necessity. It is important to clearly demonstrate the urgency in this application and provide a strong justification for the removal or adjustment of the registration. Bas A.S. van Leeuwen, attorney at law and forensic auditor, plays a crucial role in this process. He offers legal advice, prepares the application, and represents you in court. His deep knowledge and experience in law and forensic investigation are essential for achieving the best results in your case.
1. Requirements for an Urgent Application
1.1. Urgency
An urgent application can only be submitted if there is an urgent situation that requires immediate judicial intervention. Urgency is established when there is insufficient time for a regular legal process without causing irreparable damage or adverse consequences. Examples of situations where urgency applies include:
- Preliminary Purchase Agreement: If you have signed a preliminary purchase agreement for a property, but the negative BKR registration prevents you from obtaining a mortgage, this could result in missing out on the purchase.
- Contract Deadlines: If you are under pressure to sign or fulfill an important contract but cannot obtain the necessary financial resources due to the BKR registration, this could result in significant economic damage or loss.
- Emergency Financing: When you urgently need financial resources to bridge a crisis or immediate financial need, but cannot secure new loans due to a negative BKR registration, this could lead to serious financial problems.
1.2. Necessity of an Urgent Application
In the urgent procedure, it must be clearly demonstrated that immediate court intervention is necessary to prevent damage or adverse consequences that cannot be avoided through a regular procedure within the normal time frames. It must be convincingly shown that without this direct judicial intervention, disproportionate damage or loss would occur.
2. Procedure of an Urgent Application
2.1. Filing the Urgent Application
The urgent application is submitted to the competent civil court (department for urgent cases) via a draft summons. This summons must contain the following elements:
- Explanation of Urgency: You must clearly and thoroughly explain why the application is urgent and what immediate measures are required to limit damage or consequences.
- Justification of the Claim: This part of the application must contain a clear and legally substantiated argument as to why the BKR registration should be removed or corrected. You must demonstrate that the registration is unlawful or that it has a disproportionate impact on your situation.
- Evidence: All relevant documents, such as correspondence with the BKR and the lender, contracts affected by the registration, and proof of the urgent financial need, should be attached. These documents serve as evidence to support the urgency and legal grounds of your application.
Afterwards, a date and time for the hearing will be set by the court. The summons is then officially served to the opposing party by a bailiff.
2.2. Response from the Defendant
Upon receiving the summons, the defendant or their lawyer can respond in various ways:
- Negotiation: The defendant may contact your bailiff to reach an amicable settlement. If an agreement is reached before the hearing, the summons can be withdrawn.
- Defense: If the defendant disagrees with your claim, they can present their case orally during the hearing. Additionally, the defendant can:
- Submit Evidence: Before the hearing, the defendant can submit evidence to both the court and you to support their position.
- Counterclaim: The defendant can file a counterclaim through their lawyer, requesting compensation or other judicial decisions from you.
- Non-appearance: If the defendant decides not to appear at the hearing, the court will usually rule in your favor, issuing a default judgment.
You will be informed of the defendant’s response and must then attend the hearing.
2.3. Hearing and Decision
- Court Hearing: The court will schedule a hearing as soon as possible to address your urgent application. This hearing typically takes place within a few days of filing the application.
- Provisional Order: During or after the hearing, the judge may issue a provisional order. This may involve temporarily suspending or altering the BKR registration until a final decision is made. The provisional order aims to limit immediate damage while the case is still pending.
2.4. Further Steps
- Final Judgment: After the hearing, the court will issue a final judgment. This judgment will determine whether the BKR registration remains, is modified, or is completely removed. The final judgment is based on a careful consideration of the legal arguments and the submitted evidence. A final judgment is binding, and both parties must comply with it.
3. Role of Bas A.S. van Leeuwen, Attorney at Law and Forensic Auditor
3.1. Advice and Preparation
Bas A.S. van Leeuwen plays an essential role in guiding clients through the complex legal processes related to BKR registrations:
- Initial Consultation: Van Leeuwen assesses the specific circumstances of your case, evaluates the urgency, and advises whether an urgent application is the right approach.
- Drafting the Application: He ensures the drafting and submission of the urgent application, making sure all legal requirements are met and your arguments are clearly and convincingly presented.
- Collection of Evidence: Van Leeuwen assists in gathering and preparing the necessary evidence, including documents supporting the urgency and legal grounds of your application.
3.2. Representation in Court
- Legal Representation: During the hearing, Van Leeuwen represents you, advocating for the removal or correction of the BKR registration. He presents your case with strong legal arguments and responds to any counterarguments from the opposing party or questions from the judge.
- Strategic Advice: Van Leeuwen provides strategic advice to achieve the best possible outcome. He prepares you for the hearing, discusses potential scenarios, and develops a strategy to effectively address any challenges or objections raised by the opposing party or the court.
Through his expertise and dedication, Bas A.S. van Leeuwen plays a key role in successfully navigating the legal process for the removal or correction of a BKR registration, helping his clients improve their financial position and future prospects.
