Do you have to deal with Belgian defaulters? With Belgian debtors who are not complying with their agreements? For fixing such issues, you have come to the right place at Invorderingsbedrijf. With our very own Debt collection Belgium service; business in Belgium is becoming more ‘pleasurable’. Read how debt collection Belgium works and how we are able to help you down below.
Doing successful business in Belgium is not as easy as it seems to be. Not only does the legislation in Belgium differentiate from the Dutch approach, also cultural differences are playing a bigger part than is often thought. If you are unexpectedly facing a Belgian defaulter, a thorough Debt Collection Belgium approach is of the utmost importance. Invorderingsbedrijf understands your situation like no other debt collection company. For over 20 years we have dealt with foreign defaulters in an effective and respectful way. With our local debt collection specialists (who operate in numerous countries within and outside the EU), we make our special approach possible. They are up-to-date when it comes to local guidelines and they are able to choose a strategic approach to confront your debtor on their own territory (in their own language). In short, Invorderingsbedrijf is Goal-oriented and groundbreaking.
The payment moral in Belgium is very poor. Hundreds of thousands of claims remain unpaid each year. Debt collection is therefore not a luxury in Belgium. After entering your claim in our system, we immediately start an intensive out-of-court collection procedure. This ensures that your debtor is informed of the claim in several manners. A benevolent debtor will start paying immediately. Does payment not follow? In that case we can, in full consultation with you, choose to continue the entire process.
In the extrajudicial debt collection process, which follows up on the friendly process, you will be able to follow the file closely via your own account in our Online Cockpit. Every client receives their very own credentials for this portal.
Legal Collection Belgium usually has two routes to choose from. We will advise you on the best option for your case on the basis of the file we receive. The first route is also known as the summons procedure.
One of the Belgian debt collection lawyers composes a summons. This is the legal petition that is subsequently served on your debtor by the Belgian bailiff, in accordance with Belgian law. After this bailiff has left the summons with your debtor, it is brought to the court’s role. Thereafter the judge will deal with this case as soon as possible. Your debtor can respond to the summons in court. When your debtor responses, the debtor will automatically receive a notice thereof. If your debtor does not respond, he or she will be sentenced ‘ in absentia’. There will be a verdict in which the bailiff (if the debtor still does not want to pay) can take immediate action. In addition to the route of summons, Belgium can also be chosen for the judicial collection of a European Payment Order (EBB).
The European order for payment procedure (Regulation (EC) No 1896/2006, which entered into force on 12 December 2008) allows the recovery of cross-border, non-disputed civil and commercial claims. This is done through a uniform procedure on the basis of forms. For this procedure, the parties do not need the Court to appear. The regulation applies between all EU countries, with the exception of Denmark. It must be checked for each file whether it is possible to follow this route. Formally, every Belgian court should deal with these procedures. In practice, unfortunately, and especially in Wallonia, it appears that courts often leave the petitions because they do not know what to do with them in a procedural manner.
With the advice of one of our debt collection specialists in Belgium you can make an informed choice for yourself and you will not be standing in front of any unpleasant surprises.
In Belgium there are locally competent bailiffs (in Wallonia they are called ‘ huissiers de justice ‘) they the people who execute the attachment. Each bailiff is affiliated to the National Chamber of Bailiffs in Brussels, which monitors the quality of all bailiffs in Belgium. In Belgium, seizure is possible for movable property (such as household effects and vehicles), immovable property (such as office buildings, factory buildings and houses) and for wages or benefits. The Belgian bailiff is also charged with clearing premises. In Belgium this is called ‘judicial expulsion’.
Bailiffs’ tariffs in Belgium are largely determined by the Belgian state. They are changed annually.
We have never seen a perfect dossier 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:
Conservatoire adjudication means that there has already been seized property before there has been a final verdict of a judge. In doing so, you are actually putting the capital of the debtor in the right place. In Belgium, for example, this can be done on the basis of a notarial deed or undisputed invoice that your debtor has sent to his customer and where that customer still has to pay your debtor. You file a claim against that customer who then is no longer allowed to pay to your debtor. The unique thing is that the debtor only sees the attachment when it has been laid down. It must be a certain and highly fixed claim. There must also be a high urgency to it.
In the first phase, our Belgian debt collection specialists will intensively ask your debtor to pay for the claim. This might give you a strange outlook, but in most cases this approach leads to payment or a payment arrangement. If your debtor throws his back against the wall and is still not willing to pay, 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 confiscate your debtor. The result? You finally get the money that you were entitled to all along.
Invorderingsbedrijf B.V. 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:
Limitation of claims in Belgium
Prescription means (according to Belgian law) that a claim is no longer legally enforceable, it becomes a so-called ‘ natural obligation’. Even old claims can still be collected in Belgium, because the debtor has to appeal to prescription. Many debtors do not, according to the practice. In commercial matters, the limitation period starts with walking 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 (eg damage to third parties). There is also a specific number of prescription periods applicable:
Our clients for debt collection Belgium are dealing with all sorts of claims. We can help you with all civil claims on debtors in Belgium. Think for example:
Do you have something to claim in Belgium? Or a dispute with a Belgian debtor? Then debt collection Belgium may also be suitable for you. Please feel free to contact us via telephone number 070-7620330 or send us an e-mail . In particular, our collection specialists can tell you more about the possibilities of debt collection Belgium and (hard to) recoverable receivables from debtors established in Belgium.
cost reduction of 80%
and invoices paid up to 3 times faster
cost reduction of 120%
and invoices paid up to 5 times faster
Graumans Machinale Timmerwerken B.V.
Select Car Lease B.V
Bosch Car Service
Fost-Air Construction techology B.V.
OTR Oiltrade B.V.
Van Doorn Container Parts B.V.
Kroon Leveranciers B.V.
De Jong en van Aartrijk B.V. (carpentry factory)