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vordering

English translation: claim; pre-action formal claim

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Dutch term or phrase:vordering
English translation:claim; pre-action formal claim
Entered by: TechLawDC

04:03 Jan 2, 2016
Dutch to English translations [PRO]
Law/Patents - Law (general) / Litigation procedure
Dutch term or phrase: vordering
Suggested meaning: "complaint" (not a formal pleading, but merely written correspondence from a plaintiff prior to institution of a lawsuit).
Explanation:
I am translating dagvaarding (summons) in a certain lawsuit. In that dagvaarding, there are a number of sections headed "verweer", each followed by a section headed "weerlegging", regarding the "vordering".
I believe that the lawsuit has not been instituted prior to the serving of the Summons.
"Vordering" generally means "claim", in this context.
I believe that the "vordering" here is just a formal or semi-formal written assertion of the claim sent by the Plaintiff to the Defendants prior to institution of the lawsuit. I believe "vordering" does not mean the "complaint" itself -- a formal pleading, in USA law.
Then for each section labeled "verweer", "verweer" would mean "Defense's point of defense" (to the pre-lawsuit complaint) and for each section labeled "weerlegging", "weerlegging" would mean "Reply to Defense's point of defense" (to the pre-lawsuit complaint).
TechLawDC
United States
Local time: 17:03
action / claim
Explanation:
While there are many different meanings to "vordering", one of the main translations offered by Le Docte, Viertalig Juridisch Woordenboek, is "action". And this also appears to fit your source text, although the other one "claim" also does.

If you had provided some of the source sentences, it might have been clearer which of the two is meant.
Selected response from:

Alexander Schleber (X)
Belgium
Local time: 23:03
Grading comment
I think the correct term is "claim". It turns out that there was a pre-litigation exchange of a claim (from the Plaintiff), and statements of grounds of defense (or points of defense) (from the Defendants). Then in the present Writ of Summons the formal lawsuit commenced. The Summons contained a summary of the claim and the grounds of defense (all amplified with Exhibits), plus a rebuttal of each ground of defense.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2action / claim
Alexander Schleber (X)
4reclamation
Ripsime Bailleux (X)
3cause of action
Kitty Brussaard
2pre-action letter; (BrE) liquidated/fixed-sum demand
Adrian MM. (X)
Summary of reference entries provided
complaint
John Holloway

Discussion entries: 1





  

Answers


5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
action / claim


Explanation:
While there are many different meanings to "vordering", one of the main translations offered by Le Docte, Viertalig Juridisch Woordenboek, is "action". And this also appears to fit your source text, although the other one "claim" also does.

If you had provided some of the source sentences, it might have been clearer which of the two is meant.

Alexander Schleber (X)
Belgium
Local time: 23:03
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 32
Grading comment
I think the correct term is "claim". It turns out that there was a pre-litigation exchange of a claim (from the Plaintiff), and statements of grounds of defense (or points of defense) (from the Defendants). Then in the present Writ of Summons the formal lawsuit commenced. The Summons contained a summary of the claim and the grounds of defense (all amplified with Exhibits), plus a rebuttal of each ground of defense.

Peer comments on this answer (and responses from the answerer)
agree  philgoddard
3 hrs
  -> Thanks, Phil.
agree  John Holloway: In fact, I think it's just 'claim'. Note: A 'complaint' (U.S. law, as mentioned by poster) is, I think, a 'plea' (collectively pleadings, u.k.), the first of which, 'summons', would include the claim. All this in civil law of course.
15 hrs
  -> Thanks for your explanations, John.
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1 day 16 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5
pre-action letter; (BrE) liquidated/fixed-sum demand


Explanation:
As Writeaway 'demands', more context is needed,


    Reference: http://www.proz.com/kudoz/dutch_to_english/bus_financial/444...
Adrian MM. (X)
Local time: 23:03
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 74
Notes to answerer
Asker: You are essentially correct -- it is a pre-action formal statement of a claim (see my Grading Comment to Schleber, above). Thank you for your diligence.

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2 days 10 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
reclamation


Explanation:
based on the suggested term explanation, in my opinion reclamation can be a match.

Ripsime Bailleux (X)
Australia
Local time: 07:03
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in RussianRussian
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2 days 14 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
cause of action


Explanation:
Although I would need to say the actual text, it seems to me that multiple causes of action are set out in the summons in this case.

In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party.[1] The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment). The legal document which carries a claim is often called a Statement of Claim in English law, or a Complaint in U.S. federal practice and in many U.S. states. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages, often expressed in amount of money the receiving party should pay/reimburse.

To pursue a cause of action, a plaintiff pleads or alleges facts in a complaint, the pleading that initiates a lawsuit. A cause of action generally encompasses both the legal theory (the legal wrong the plaintiff claims to have suffered) and the remedy (the relief a court is asked to grant). Often the facts or circumstances that entitle a person to seek judicial relief may create multiple causes of action.
(...)
The defendant to a cause of action must file an "Answer" to the complaint in which the claims can be admitted or denied (including denial on the basis of insufficient information in the complaint to form a response). The answer may also contain counterclaims in which the "Counterclaim Plaintiff" states its own causes of action. Finally, the answer may contain affirmative defenses. Most defenses must be raised at the first possible opportunity either in the answer or by motion or are deemed waived. A few defenses, in particular a court's lack of subject matter jurisdiction, need not be pled and may be raised at any time.
https://en.wikipedia.org/wiki/Cause_of_action

Cases may be filed by an individual in person or by attorneys on their behalf. The procedure differs depending on whether an attorney is involved. The procedure discussed in this section is for people representing themselves (no attorney). All corporations and voluntary associations must be represented by an attorney.
In general, the person suing is the plaintiff. More than one person may join in the suit as co-plaintiffs. The person being sued is called the defendant. You may sue more than one person in a single summons, but the causes of action must be related.
(...)
The court issues the summons and complaint upon payment of the fee. The summons must then be served on each defendant. Affidavits of service must be filled out and notarized for each defendant. The Affidavits of Service, along with the Summons and Complaint must be filed with the Court. If the defendant files an answer, you will receive a court date in the mail.
https://www.nycourts.gov/courts/nyc/civil/startingcase.shtml

Kitty Brussaard
Netherlands
Local time: 23:03
Specializes in field
Native speaker of: Native in DutchDutch
PRO pts in category: 152
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Reference comments


1 day 8 hrs
Reference: complaint

Reference information:
Seems to be (part of) a summons or any claim-supporting evidence/argument brought in other pleadings. (U.S.)

--------------------------------------------------
Note added at 1 day8 hrs (2016-01-03 12:30:29 GMT)
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These questions and discussions test the accuracy of one's assumptions ; )


    https://en.wikipedia.org/wiki/Complaint
John Holloway
Netherlands
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 23
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