If you have suffered damage due to the actions of the government, you can hold it liable. You do this with a written statement in which you request compensation for the damage suffered.
Importance of Holding Liable
Submitting a notice of liability is a crucial step because:
- It prevents your claim from becoming time-barred
- It gives the government the opportunity to pay without legal proceedings
- It provides room for a settlement
- It is a necessary condition to bring a case before the court
What Must the Notice of Liability Contain?
A complete notice of liability includes the following elements:
- Your personal details (name and address)
- The date of the letter
- A description of the unlawful act
- The nature and extent of the damage
- The connection between the act and the damage
- The amount you claim
- A response period (for example, 4 weeks)
Address for Submission in Utrecht
| Authority | To the attention of |
|---|---|
| Municipality of Utrecht | College of Mayor and Aldermen |
| Province of Utrecht | Deputed States |
| National Government | The responsible minister |
| UWV/SVB | Board of Directors |
What Happens After Submission?
After receipt of your letter, the government may:
- Accept liability and pay
- Make a compromise proposal
- Deny liability
- Request additional information
Practical Questions About Notice of Liability
How long should I wait for a response?
Give the government a reasonable period, such as 4 to 6 weeks. If there is no response, you can start legal proceedings.
Is registered mail necessary?
It is not mandatory, but it is advisable to have proof of dispatch and receipt.
Can I send the notice of liability digitally?
Yes, by e-mail is possible, but a physical letter provides more certainty. Always request confirmation of receipt.
Frequently Asked Questions Specific to Utrecht
What if the government ignores my request?
If the government does not respond within the specified period (for example, 4-6 weeks), you can file a case at the District Court of Midden-Nederland, located at Vrouwe Justitiaplein 1 in Utrecht. Ignoring your request does not guarantee success, but it does give you the right to litigate. Ensure proof of dispatch, such as registered mail.
Is legal assistance needed for a notice of liability?
It is not mandatory to engage a lawyer, but it can be useful in complex cases. For advice, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. They offer free help in drafting your letter.
How detailed must I describe the damage?
Be as specific as possible about the damage, including amounts and supporting evidence such as receipts or reports. For example: 'Due to an erroneous decision by the Municipality of Utrecht, I have suffered €3,000 in damage, see attached documents.'
Can I also claim interest on the damage?
Yes, you can claim statutory interest from the moment the damage arose. The current interest rate for non-commercial transactions is 2% per year (2024). Mention this explicitly in your letter, for example: 'I also claim statutory interest on €X from [date].'
What if the government only wants to compensate part of the damage?
If the government acknowledges liability but does not offer the full amount, you can try to negotiate. Provide additional evidence and justify why your claim is warranted. If this fails, you can go to court.
How quickly will I receive payment upon acknowledgment?
Upon acknowledgment of liability, it may take several weeks to months for payment to be made, depending on the procedures. Request a clear timeline and follow up by phone or e-mail.
Is it possible to hold liable for non-material damage?
Yes, in certain cases you can claim emotional or non-material damage, but this is often difficult to prove. You must demonstrate that the government acted unlawfully and that this had direct consequences for your mental well-being.