Debt collection in Belgium

How to recover a commercial debt from a Belgian debtor

Belgium is a dynamic market with strong commercial ties to several European and extra-UE countries. Still, cases of insolvency are not uncommon, especially in relations between small and medium-sized enterprises. Knowledge of local legislation and European instruments for debt collection is therefore essential to protect your interests and recover debts effectively.

In case of the creditor is based in a member state of the European Union,  judgments are automatically recognized in Belgium (and vice versa), simplifying the process of obtaining and enforcing a foreign judgment.

International debt collection legal actions in Belgium

Anyone wishing to initiate recovery proceedings against a Belgian debtor can consider different options:

  • Recognition and enforcement of an EU Member State judgment: once final, they can be automatically recognized and enforced in Belgium.
  • European payment order: a uniform and rapid procedure, suitable for uncontested claims between companies based the EU.
  • Legal action in Belgium: it is possible to initiate ordinary proceedings or simplified proceedings before the Justice de paix/Vredegerecht (for claims up to EUR 5,000) or before the commercial court.
  • Enforcement action in Belgium: This is a recovery action through a bailiff (huissier de justice): in cases of certain and uncontested claims between companies, the creditor’s lawyer can directly instruct the bailiff to proceed without going through the court, reducing time and costs.

Why rely on an experienced lawyer for debt collection in Belgium

Belgian law requires a formal notice (letter of warning) to be sent before legal action can be taken. A lawyer specializing in debt collection can draft the formal notice in accordance with legal requirements and, in the event of non-payment, assess the best option for proceeding with legal action and the subsequent enforcement phase.

Ursusnetwork offers the opportunity to work with lawyers specializing in debt collection in Belgium, identifying, on a case-by-case basis, the most appropriate strategy based on the type of debt and the debtor’s circumstances.