Which court does what?
- Justice of the peaceThe justice of the peace is the court closest to the citizen. There is one per canton. The justice of the peace also tries to reconcile the parties.
- Police courtThe police court mostly handles traffic. It judges offences and the damage after an accident.
- Court of first instanceThe court of first instance is the main court of the district. It has sections: civil, family, youth and criminal.
- Enterprise courtThe enterprise court handles the cases of businesses: the self-employed, companies, non-profits.
- Labour courtThe labour court handles work and social security. Next to the professional judge sit two judges from the world of employers and employees.
- Court of appealThe court of appeal looks at a case again, when a party disagrees with the judgment of the court of first instance or the enterprise court.
- Labour court of appealThe labour court of appeal looks at a case again after a judgment of the labour court.
- Court of assizeThe court of assize judges the most serious crimes. A jury of twelve citizens decides together with the judges. There is one per province and one in Brussels.
I received a summons: what now?
Read the summons carefully
Who is suing you? What do they ask? Before which court? Write down the date, time and address of the hearing.
You may go yourself
You may go to the hearing yourself, or with a lawyer (art. 728). Before some courts your partner or a relative can also go, with a written power of attorney and if the judge allows it.
Help exists, even free
A first legal advice is free. On a low income you can get a free or cheap lawyer (pro deo) through the bar's Legal Aid Office (art. 508/1 ff.). The costs of the case can also be covered (legal assistance, art. 664 ff.).
What to bring
Your identity card, the summons and every document: contracts, letters, invoices, photos. Come a little early and report to the registry or the usher.
At the first hearing
Often the judge does not decide yet. You can ask for time to answer. The judge then sets dates (art. 747).
What if you don't go?
Then the judge can decide without hearing you: a default judgment (art. 802 ff.). You can oppose such a judgment within one month of its service (art. 1048).
These are general rules in plain words, not legal advice. Exceptions exist: check, or ask a lawyer or a justice house for advice.
Find the court for your address