As of October 1st, 2023, the new rules of procedure for civil cases will become effective. These uniform rules apply to the civil procedures before the four Courts of First Instance (Aruba, Curacao, BES and Sint Maarten) and before the Appellate Court.
Among these rules of procedure a special arrangement for small claims has been included. In doing so, a quick, simple and cost-effective procedure for money claims up to a maximum amount of f 10,000 ($ 5,587) has been established within the framework of the existing legislation. The implementation of this arrangement means that the administration of justice will be better accessible to citizens.
The procedure starts with a petition submitted by the claimant to the Court Registry by means of the “small claims petition” form which is made available by the Court Registry on the website. When doing so, the claimant pays a court fee of 50 f ($ 28). Claimants who act by virtue of a profession or business pay double this amount. No revenue stamps are required for this procedure. As with all procedures before the Courts of First Instance and the Appellate Court , citizens (individuals and businesses) may litigate for their own account and in person and the involvement of a lawyer is not required.
After submission of the petition, the Judge will set a date for examination of the case, and the defendant will be summoned to the hearing, by letter or email sent by the Court Registry. There are no costs involved for the parties. Prior to the hearing, the defendant may submit a written defense, but is not required to do so. During the small claims hearing, the Judge will discuss the case with the parties, and the possibilities of an amicable settlement or an immediate decision will be assessed. If the case is too complex to settle or decide immediately, the Judge will refer it
to a regular hearing. This referral is also free of charge for the parties.
Further modifications were also implemented in the rules of procedure, in order to improve and accelerate civil procedure. The new rules of procedure and the small claims petition form have been published on the website of the Joint Court.
(www.gemhofvanjustitie.org/nieuws/publicaties)
