Are you looking for a debt collection agency for Belgian debtors?
Are you dealing with Belgian defaulters? With Belgian debtors who do not respect their agreements? Then you have come to the right place. With our Debt collection Belgium service, doing business in Belgium becomes much more ‘pleasant’. Read below about how debt collection Belgium works and how we can help you.
Local specialists for debt collection in Belgium
Doing business successfully in Belgium is less easy than it seems. Not only does legislation in Belgium differ from that in the Netherlands, cultural differences also play a bigger role than is often thought. If you unexpectedly have to deal with a Belgian defaulter, then a thorough Debt collection Belgium approach is of the utmost importance. Incorderingsbedrijf understands this like no other. For years, we have been dealing with foreign defaulters in an effective and respectful way.
Our local debt collection specialists, who operate from dozens of countries within and outside the EU, make this possible. They are fully aware of the local guidelines and customs and approach your debtor on their own territory, in their own language. Targeted and pioneering, because that is what we stand for at Het Invorderingsbedrijf.
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Extrajudicial debt collection in Belgium
Payment morale in Belgium is poor. Hundreds of thousands of claims remain unpaid each year. Debt collection is therefore no unnecessary luxury in Belgium. After entering your claim into our system, we immediately start an intensive extrajudicial collection procedure. This ensures that your debtor is informed of the claim through various channels. A willing debtor immediately starts paying. Is there no payment? Then we will continue the process in full judicial proceedings in consultation with you.
In the extrajudicial collection process you follow the file closely, through your own account on our Online Cockpit. Each client receives an exclusive user right for this.
Judicial collection in Belgium
Judicial debt collection in Belgium usually has two routes. Based on the file, we will advise you on the best option. The first is the route of the writ of summons procedure.
A. Collection by subpoena
One of the Belgian debt collection lawyers will draw up a writ of summons. This is the legal writ of summons that is then served (handed over) to your debtor by the Belgian bailiff, in the manner described in Belgian law. After this bailiff has handed the summons to your debtor, it is put on the court’s roll.
The judge will then hear the case. Your debtor can respond to the summons before the judge. If he does, the debt collection solicitor will be informed automatically. If your debtor does not respond, he will be sentenced in absentia. A judgement will be rendered, with which the bailiff (if the debtor still refuses to pay) can immediately levy an attachment. Besides the summons route, it is also possible to opt for the introduction of a European Payment Order (EEW) for judicial debt collection in Belgium.
B. Collection by means of the European Payment Order (EEW).
The European order for payment procedure (Regulation (EC) No. 1896/2006, which entered into force on 12 December 2008) enables the recovery of cross-border uncontested civil and commercial claims. This is done via a uniform form-based procedure.
For this procedure, the parties do not have to appear in court. The regulation applies between all EU countries, except Denmark. It has to be examined per case whether it is possible to follow this route. Formally, every Belgian court should handle these procedures. Unfortunately, in practice, particularly in Wallonia, the courts tend to ignore the petitions because they do not know what to do with them procedurally.
With the advice of one of our debt collection specialists in Belgium, you can make a well-considered choice and avoid any surprises.
Seizure in Belgium
In Belgium, locally licensed bailiffs (in Wallonia, they are called “huissiers de justice”) are the persons who carry out attachments. Each bailiff is affiliated with the National Chamber of Bailiffs in Brussels, which monitors quality. In Belgium, an attachment may be levied on movable property (such as household effects and vehicles), immovable property (such as office premises, factory buildings and houses) and on wages or benefits. The Belgian bailiff is also charged with the eviction of premises. In Belgium this is called ‘judicial eviction’.
Bailiff fees in Belgium are largely set by the Belgian state. They change annually.
What do you need for your Belgian debt collection?
We have never seen a perfect file from our clients. This is not necessary nor explicitly wanted. Together with you, we examine which documents and / or evidence is available in your case. If you start with debt collection Belgium, it is convenient for you to send us the documents as set out below:
- Copy of the agreements, for example an agreement, an e-mail message, a fax confirmation or simply your summary of what has been agreed.
- Copy of your invoices
- Copy of your reminders
- A copy of your terms and conditions
- Any proof of delivery
Laying conservatory third-party seizures in Belgium
The debt collection lawyer in Belgium can arrange for a prejudgment attachment to be made without the permission of the court. A prejudgment attachment means that before there is a final judgement from a judge, an attachment is already made. In so doing, you are actually putting the debtor’s assets on a chain.
In Belgium, for example, this can be done on the basis of a notarial deed or an undisputed invoice that your debtor has sent to his client and where that client has yet to pay your debtor. You then place an attachment under that customer, who is no longer allowed to pay your debtor. What is unique is that the debtor does not notice the attachment until it is made. However, the claim must be certain and to a high degree fixed. There must also be a question of urgency.
In the Netherlands, a prejudgment attachment can only be made if the Dutch court has first granted permission. This is not the case in Belgium, and that is why debt collection in Belgium offers many advantages.
Start with debt collection Belgium
In the first phase, our Belgian debt collection specialists will intensively summon your debtor to pay the claim. Strange eyes compel, because in most cases this approach leads to payment or a payment plan. Does your debtor still not respond? Then our Belgian debt collection specialists and lawyers will ask your debtor to appear in court. If your debtor still refuses to pay, our debt collection specialists will have your debtor seized. The result? You finally get the money you are entitled to.
Benefits of choosing debt collection provided by the Collection Company
Debt collection in Belgium? Start your free consultation today!
Are you curious about the possibilities? Then ask for a free initial consultation with a specialist in the field of Belgian law. With our local debt collection Belgium network, no question needs to remain unanswered.
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It doesn't matter where your Belgium claim comes from
The Collection Company handles all your debt collection cases throughout whole Belgium. Whether you have something to gain in Dutch-speaking Flanders or French-speaking Wallonia. Debt collection cases can also be dealt with within the 12 judicial districts in Belgium:
- West Flanders (Bruges – Kortrijk – Veurne – Ypres)
- East Flanders (Ghent – Dendermonde – Oudenaarde)
- Antwerp (Antwerp – Turnhout – Mechelen)
- Limburg (Hasselt – Tongeren)
- Liège (Verviers – Huy)
- Names (Names – Dinant)
- Luxembourg (Marche – Neufchateau – Arlon)
- Hainaut (Mons – Tournai – Charleroi).
Limitation of claims in Belgium
Statute of limitations means (according to Belgian law) that a claim is no longer legally enforceable, it becomes a so-called ‘natural obligation’. Claims that are already time-barred can also still be collected in Belgium, because the debtor himself must invoke the limitation period. Many debtors do not do so, as practice shows.
In commercial matters, the limitation period starts to run at the end of the delivery of goods or services or on the due date of the invoice.
In addition, there are statutory limitation periods for commercial claims in Belgium, namely 10 years for contractual obligations and 5 years for non-contractual obligations (think of damage to third parties). In addition, a specific number of limitation periods apply:
- Claim on account of medical treatment: 2 years
- Credit granted to a consumer by a financial institution: 10 years
- Interest on debts payable on demand: 5 years
- Costs of a lawyer or expert: 5 years
- Mobile phone charges: 5 years
- Public utilities: 5 years
- Schools, except boarding schools: 5 years (boarding schools 1 year)
- Insurance contract: 5 years
- Supply to a consumer, with the exception of food: 1 year
- Indexation of a rent in a rental agreement: 1 year
- Restaurants, hotels: 1 year
In Belgium, the prescription (unlike in the Netherlands) is not interrupted by a so-called letter of interruption from the creditor itself. In Belgium, the prescription is interrupted by starting legal proceedings, an attachment or a letter from a debt-collection lawyer.
Ordinary registered letter by the client himself does not interrupt the limitation period.
Jurisdictions debt collection Belgium
Our clients for debt collection Belgium deal with all kinds of claims. We can help you with all civil claims against debtors in Belgium. Examples include:
- Construction law
- Rent and lease
- Purchase and sale
- Labor law
- Agency agreement
- Damages and wrongful acts
We work for clients directly, but also for intermediaries, such as law firms and accounting firms.
Limitation periods under Belgian law
- Debt collection procedures in Belgium
- Legal assistance
- Mediation and assistance in reaching private settlements (including settlements)
- Coordination of the enforcement of judgments in Belgium
Start directly with Debt collection Belgium
Do you have a claim in Belgium? Or a dispute with a Belgian debtor? If so, debt collection Belgium may also be the right option for you. Please feel free to contact us at +31-(0)70-762 0330 or send us an e-mail. Our debt collection specialists can tell you more about the possibilities of debt collection in Belgium and about (difficult) collectible debts on debtors domiciled in Belgium.
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Why 40.000 customers have gone before you
At first, I was afraid that it would not succeed in collecting foreign receivables. But I must say that I was positively surprised! The Collection Company has processed quite a few overdue payments for us both in Belgium and Netherlands. We are delighted!