Debt collection in Belgium

Does your company have to deal with a debt collection case in Belgium because a Belgian customer does not pay your invoice? Our Belgian debt collection specialists and attorneys will be happy to help you. We ensure that your outstanding invoice is paid quickly.
Read here why you would be better off by entrusting us with your case instead of a debt collection agency.

Meet our Belgium
debt collection specialists

International debt collection in Belgium

When you do business with a Belgian trading partner, you are confronted with business practices, customs, as well as rules and regulations that are very different from the ones you are used to. In addition, you also must deal with different languages. That makes debt recovery in Belgium often complicated and time-consuming for you. Save your time and money by calling in one of our Belgian specialists. They have the means to make your debtor pay.

What are the Benefits of collecting debts in Belgium with Bierens?

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Debt recovery in Belgium

The payment behavior in Belgium is pretty good. Credit management within many Belgian companies has improved considerably in recent years. However, many invoices are still being paid too late. Therefore, it is important to have a good credit management system for Belgian customers.
The debt recovery process, as well as the legislation in Belgium, can greatly differ from what you are used to. Legal procedures can take a very long time, but the costs are relatively low.

Belgian speaking attorneys: Meet our debt collection experts

The best way to collect your invoice in Belgium is by contacting one of our Belgian lawyers or collection specialists. By doing that, you will not have to worry about anything, or even travel to Belgium: our debt collection specialists will take care of everything.

They have extensive knowledge and experience with laws and regulations in Belgium and speak Dutch and French fluently. Therefore, they will be able to make your Belgian debtor pay quickly.

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Debt collection procedure in Belgium

There are two phases that may be applicable for your debt collection process in Belgium. In the extrajudicial phase, the debt is collected without the intervention of a judge. In the judicial phase, a judge intervenes to make your Belgian customer pay. Since we are a law firm, we can assist you during both processes.

Extrajudicial phase in Belgium

Here at Bierens, the debt collection procedure always starts with the extrajudicial phase. During this phase, we try to avoid the intervention of a judge. To do so, we will personally contact your Belgian debtor to ensure that your invoice is paid. During the extrajudicial phase in Belgium, several options are possible:
Step 1

Written demand letters and phone calls

We send the debtor a written demand letter and contact them by telephone, requesting that they pay your claim within a few days, together with interest and costs.
 
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Step 2

Prejudgment seizure

It may be possible to seize the debtor’s assets. Going to Court is not always required for this. It is also possible to seize assets based on a notary deed on an undisputed invoice owed by a third party. Certain conditions do need to be met.

Solvency research

Our lawyers can investigate your debtor’s solvency. In such cases, solvency is inquired with the CBB (Central register of seizure, delegation, assignment, collective debt settlement, and protest). Doing solvency research is always recommended before proceeding to a prejudgment seizure.

Visit the debtor

As an intermediate step for legal proceedings, we also offer the option of organizing a site visit. The bailiff will visit your customer to assess the situation there, look at the inventory, but also hand over a payment reminder. This provides us with up-to-date information on the financial position of the debtor.
Step 3

Announcing legal proceedings

Most debtors want to avoid legal proceedings because it can be time-consuming, and it costs extra money. So, announcing legal proceedings often motivates your debtor to pay your invoice.
What if the debtor refuses to pay during the amicable phase?
If your debtor refuses to pay during the extrajudicial phase, we can, in consultation with you, start legal proceedings. Of course, we will always let you know in advance what the possible costs are and will only get started after having received your permission.
Step 4

Judicial debt collection

Do you want to start a judicial debt collection procedure against your Belgian debtor? Then the first thing to know is: in which country should you litigate? In your own country or Belgium? The answer will depend on the competent judge.
In your general terms and conditions, you can make agreements about the competent court in the event of a (payment) conflict. The clause in which this is stated is called the choice of forum.
Did you not make any agreement or are they not applicable? Then the main rule is that the court in the country of the defendant has jurisdiction. Which is, in this case, the Belgian court. You must then go to Belgium to follow legal proceedings there.

Contingency-based debt collection agency in the United States

During the extrajudicial phase, we work based on a contingency fee. That means our fee is directly proportional to the amount we recover. We also aim to recover the interest and collection costs from your debtor as much as possible in order to maximize your profits.

In the highly unlikely event that we do not collect anything, you will not have to pay us any fees. You can find a full overview of our fees on our fees page.

Debt collection laws in Belgium

When taking legal action against a debtor located in Belgium, there are several Belgian collection laws that we can rely on. The best collection procedure to use will differ depending on the situation. Of course, our attorneys will always look for the best option for you and your collection case.

Ordinary civil proceedings (“Bodemprocedure”)

Ordinary civil proceedings are a popular means to collect your claim, whether it is disputed or not. If the case cannot be settled during a preliminary hearing, the Court will set up a schedule for submitting statements, so that the parties can respond to one another’s point of view.

In general, there are 3 time periods within which you and the defendant must respond. Two of them are for the debtor and one is for the claimant, who is, in that case, you. In some cases, there can also be 5 time periods (3 for the debtor and 2 for the claimant).

Each party is given at least one month to respond. After the periods have expired, a date for the hearing is determined. This is the day where the case is being argued.

 

International debt collection has never been easier with Bierens collection attorneys. We overcome any language, cultural and legislative barriers because we approach your debtor in their native language with our in-house specialists.

The best part is that we solve 95% of our cases without court intervention on a contingency fee basis. If your debtor fails to pay during this phase, then our efforts don’t stop just there. Our attorneys have the experience of local and international debt collection laws, which allows us to litigate on your behalf if necessary.

With Bierens by your side, no debtor can hide from us. You will not have to write off your debts or waste your time and money on a never-ending case. Find out what we can do for you below or contact us today for immediate action.

International collection laws

In addition to Belgian collection laws, there are also a few European measures that can be used if your Belgian customer refuses to pay.
It is important for the European Union that trade between European countries is stimulated. Therefore, complicated procedures are unwanted. That is why, in addition to the normal procedures, two alternative procedures can be used for foreign claims between two EU countries:
 
European 1

Litigation in your own country

Have you agreed in the general terms and conditions that the American court is competent? Then legal proceedings can be started in the USA. Depending on your specific situation, our lawyers will look at what is most beneficial for your company.

If we are going to litigate in your country against your Belgian debtor, we can start ordinary civil proceedings. Both parties will be heard, after which the court will make a judgement.

It is, however, important to weigh up the costs and benefits. Litigation can be more expensive in your country because of the court fees. They can, in fact, be much higher in your country than in Belgium, where the court fees always amount to € 185, regardless of the amount being claimed.

Enforcement of judgement in Belgium

Once our lawyers have received a judgement against your Belgian debtor, the judgement will still have to be enforced. Under EU law, judgements obtained in an EU Member State are recognized in other EU countries as well. For the execution of a judgment from your country in Belgium, your court will issue a certificate. This is then sent to the bailiff in Belgium together with the judgment.

The bailiff in Belgium will then sign a document stating that the judgment falls under the authorisation of the bailiff. The debtor will then receive a court order stating that the claim must be paid.

Summary-proceedings

Limitation period in Belgium

Once the limitation period has been exceeded, an outstanding invoice expires. It is no longer possible to enforce its payment through the court. It is therefore important to keep a close eye on this limitation period.
For business claims in Belgium, the general limitation period is 10 years. This period starts as soon as the claim becomes due. This corresponds to the due date of the invoice. If the payment period of an invoice is 30 days, the limitation period of 10 years starts after those 30 days have passed.

Start your debt collection in Belgium today!

Start your debt collection case in Belgium today! While our Belgian Desk get started on your case, you can resume your regular business operations. Upload your case for immediate action or contact our experts today.

If you prefer to speak directly with a debt collection specialist, feel free to contact us by phone at +1 347 862 9438.

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Find out how we have helped other clients with international collections including debt collection in Belgium

From simple debt collection cases to complex legal matters, from small businesses to multinationals across different industries, our specialists have assisted over 24.000 companies worldwide, including Belgium. Find out how our international specialists and lawyers have helped other companies in a similar situation and find the solution for debt collection in Belgium.

Frequently asked questions about debt recovery in Belgium

How does debt collection work in Belgium?

Debt collection in Belgium always starts in the extrajudicial phase where we send your debtor customized demand letters and contact them by phone. If your debtor disputes the claim or fails to respond, then we can proceed by taking legal action in consultation with you.

How will you recover my debt in Belgium?

We will always contact your debtor by sending an initial demand letter, which we also follow up with a phone call. That way we avoid any form of miscommunication. Our approach is always firm and respectful, and you will always be informed of the status of your case.

What are the costs for debt collection in Belgium?

We handle all out-of-court cases on a contingency fee basis, also for debt collection in Belgium. We aim to recover the principal amount including interest and costs from your debtor. If we do not collect, then you pay no fee. If you decide to take legal action against your debtor, then we move to an hourly or fixed fee. We do not have any hidden costs and will always consult you before proceeding with any kind of legal action.

How long does an average debt collection procedure in Belgium?

This depends on each situation and debtor. We always start in the amicable debt collection phase. This process takes a relatively short time because we provide your debtor with limited time to complete the payment. When starting your case, your case worker will provide an estimate of the duration of your case. Should your debtor fail to respond, then our specialists and attorneys can provide you with an expected outcome or course of action within 4 weeks. If legal proceedings are necessary, the debt collection process takes longer. The duration depends on the legal proceedings and on whether the debtor raises a defence.

What chances do I have for successful debt recovery in Belgium?

The chance for a successful recovery depends on the nature of your debt collection case. We solve 95% of all cases on a contingency basis. Our specialists and attorneys always do their utmost to ensure to collect your claim as fast and efficiently as possible. We always make sure to give you honest and practical advice that will deliver you the best results.

When is a debt collection case taken to court?

Our preference is to collect your claim without court intervention. Therefore, we always start a collection in the amicable phase. If this has no effect, then we will discuss your judicial options with you. We will never intiate court proceedings without your explicit consent.

How much does it cost to go to court?

The court fees depend on the value of the claim and the country in which litigation takes place. In some cases, the amount is fixed, but it may also depend on litigation procedure.

How long do legal proceedings take in Belgium?

The duration of legal proceedings in Belgium depends on the complexity of your case and ON whether your debtor raises a defence.

How long before a debt is written off in Belgium?

Payment claims in Belgium have a limitation period that differs compared to other countries. There are, however, several ways to interrupt this limitation period. For more information, it is best to contact our specialists.