If you have suffered damage due to the government's actions, you can hold them liable. You do this with a formal letter in which you request compensation for the damage.
Why hold the government liable?
Holding the government liable is an essential step, because:
- It prevents the statute of limitations on your claim
- It gives the government the opportunity to pay without court proceedings
- It can result in a settlement
- It is a requirement before starting civil proceedings
What must be included in the liability notice?
A complete liability notice includes the following points:
- Your personal details (name and address)
- The date of the letter
- A description of the unlawful act
- The nature and extent of the damage suffered
- The connection between the act and the damage
- The claimed amount
- A response period, for example 4 weeks
Who do you send the letter to?
| Authority | To the attention of |
|---|---|
| Municipality (e.g. Zoetermeer) | College of Mayor and Aldermen |
| Province | Deputed States |
| Central Government | The responsible minister |
| UWV or 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
- Deny liability
- Request additional information
Frequently asked questions about liability notices
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 initiate proceedings in court, for example at the District Court of The Hague.
Is registered mail necessary?
It is not mandatory, but it is advisable to send your letter by registered mail for proof of sending and receipt.
Can I send the liability notice by e-mail?
That is possible, but a physical letter by post provides more certainty. Always request confirmation of receipt.
Extra questions and answers
What if the government ignores my letter?
If the set period (e.g. 4-6 weeks) expires without a response, you can start proceedings with the civil court, such as at the District Court of The Hague. Keep proof of sending, for example via registered mail.
Is a lawyer needed for the liability notice?
No, it is not mandatory, but in complex cases a lawyer can help make the letter legally watertight. For help, you can also contact the Juridisch Loket Zoetermeer.
How detailed must I describe the damage?
Be as specific as possible. State concrete amounts and attach evidence, such as receipts, quotes or reports. Explain how the damage was caused by the government.
Can I claim interest on the compensation?
Yes, you can claim statutory interest from the moment the damage occurred. For non-commercial transactions, this is currently 2% per year (2024). State this clearly in your letter.
What if the government offers a lower amount?
If the government acknowledges liability but does not want to pay the full amount, you can negotiate. Provide additional evidence and justify why your claim is reasonable. If this fails, you can go to court.
How quickly will I receive my money after acknowledgment?
If the government agrees, payment can take a few weeks to months, depending on their processes. Request a clear timeframe and follow up if necessary.
Can emotional damage also be claimed?
Yes, non-material damage such as emotional damage can sometimes be claimed, but it is difficult to prove. You must demonstrate that the government acted unlawfully and that this directly caused psychological damage.