What is the RPV in a default judgment?

In a default judgment, the RPV is set at the statutory minimum, not the base amount. The same applies when the losing party appears but does not contest the claim, or only asks for time to pay.

Article 1022, seventh paragraph, of the Judicial Code sets the RPV at the statutory minimum in three cases:

• the proceedings end in a default judgment and no losing party ever appeared; • all losing parties appeared at the introductory hearing but did not contest the claim; • the losing parties only ask for time to pay.

The rationale is that in these cases the winning party incurred less procedural effort (fewer hearings, no exchange of submissions) and it would be disproportionate to award the full base amount.

If the losing party later files an opposition (verzet / opposition / Einspruch) and the case is re-opened, the default judgment is set aside and the proceedings continue as if from the beginning. From that point onward, the normal rules and tariff schedules apply, and a new RPV is determined at the end.