The court may send a so-called qualified challenge to the defendant. In a timely response to the challenge, the defendant must present the crucial facts and substantiate his claims. If the defendant fails to do so within the time limit given by the court, the court shall issue a judgment for recognition in favour of the defendant.
In some cases, the court may order the defendant, by order, to express himself in writing and, if he does not fully acknowledge the claim, to describe the crucial facts, to attach documentary evidence to that effect and, where appropriate, to indicate other evidence in support of his claims. In general, the court may proceed to this so-called qualified call if the circumstances of the case or the nature of the case are something specific. Furthermore, also when, for example, an (electronic) payment order has already been issued or when the defendant has failed to make a proper and timely statement on the basis of an ordinary challenge.
The President of the Chamber or the Judge of the Court shall, in a resolution on a qualified challenge, designate a time limit for the defendant, which shall not be less than 30 days from the date of service of the resolution. Thus, the defendant should, in principle, have sufficient time to express his views. The challenge is always delivered in your own hands, or via a data box. Therefore, if you have a data box set up, it is really necessary to check it, because after 10 days of sending, a fiction of delivery occurs, even if you have not even logged in. If the preliminary proceedings have been closed, or even the first court hearing has taken place, a qualified appeal for comment can no longer be issued.
If the defendant is entirely passive and, within the prescribed period, neither expresses himself nor gives any serious reason which prevented him from expressing himself, he is generally considered to recognise the claim in full. The court then issues a judgment for recognition in favor of the plaintiff. Therefore, it is really not worth doing a so-called dead bug before the trial. The judgment for recognition is then only subject to limited review in a possible appeal procedure.