Before starting a legal procedure, you must hold the government liable. You do this with a letter in which you request compensation for the damage suffered.
Why hold the government liable?
Holding the government liable is essential to:
- Interrupt the limitation period of your claim
- Give the government the opportunity to pay without court proceedings
- Promote a settlement
- Comply with the requirement before starting civil proceedings
What must be included in the liability notice letter?
A complete liability notice includes:
- 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 claimed amount
- A response period (for example, 4 weeks)
Where do you send the letter?
| Government body | To the attention of |
|---|---|
| Municipality | College of Mayor and Aldermen |
| Province | Deputed States |
| National | The responsible minister |
| UWV, SVB | The Board of Directors |
What happens after sending?
After receipt of your letter, the government may:
- Accept liability and pay out
- Make a settlement proposal
- Reject the claim
- Request additional information
Frequently asked questions about liability notice
How long does it take to receive a response?
Give the government a reasonable period, such as 4 to 6 weeks. If no response comes, you can file a case with the court.
Is registered mail necessary?
It is not mandatory, but it is advisable to have proof of sending and receipt.
Can I also send the letter digitally?
Yes, by e-mail is possible, but a physical letter is more reliable. Always request an acknowledgment of receipt.
Local information for Leiden
For legal support in Leiden, you can contact the Juridisch Loket Leiden at Stationsweg 46. If a case goes to court, it is often handled at the District Court of The Hague, Leiden location.
Extra questions and answers
What if the government ignores my letter?
If no response comes within the set period (for example, 4-6 weeks), you can start proceedings with the civil court. This does not mean you automatically win, but you have the right to bring a case. Ensure proof of sending, such as a registered letter.
Is a lawyer needed for a liability notice?
It is not mandatory, but in complex cases, a lawyer can help make the letter legally watertight. For simple claims, you can draft a letter yourself using online templates.
How detailed must I describe the damage?
Be as specific as possible: state amounts and attach evidence, such as receipts or reports. Explain how the damage was caused by the government, for example: 'Due to a late decision, I lost €3,000 in income, see attached documents.'