How to Recover a Debt from a Company in Belgium

Recovering a debt from a company in Belgium requires a structured approach that combines pre-litigation demand, selection of the appropriate legal procedure, and – where necessary – enforcement against the debtor's assets. Belgian law offers two main national routes for monetary claims: a bailiff-led procedure for uncontested debts and a summary judicial order for payment, each with distinct timelines and documentary requirements. Foreign creditors who understand these mechanisms from the outset are far better placed to protect their position and avoid the delays that commonly affect cross-border collection.

Legal Framework Governing Debt Recovery in Belgium

Debt recovery in Belgium is primarily governed by the Belgian Judicial Code (Code judiciaire / Gerechtelijk Wetboek), supplemented by specific rules on late payment in commercial transactions that implement EU Late Payment Directive principles. The Belgian Commercial Court (Tribunal de l'entreprise / Ondernemingsrechtbank) has exclusive jurisdiction over disputes between enterprises, making it the standard forum for business-to-business debt claims. Belgium's court system operates bilingually – French and Dutch – with German applicable in certain eastern districts, a practical detail that affects the language of procedural documents and notices.

Late payment interest and contractual penalties are enforceable in Belgium, and where a commercial contract is silent on the applicable rate, the statutory rate set annually by the Belgian government applies. The exact current statutory rate should be verified at the time of filing, as it is revised periodically. Similarly, reasonable recovery costs – including a lump-sum indemnity (indemnité de procédure / rechtsplegingsvergoeding) – may be awarded to the successful party by the court, though the amounts are set by royal decree on a sliding scale according to the value of the claim.

The Banque-Carrefour des Entreprises (BCE/KBO), Belgium's official company register, is the starting point for identifying a debtor company's legal status, registered seat, and statutory representatives. Checking this register before initiating any procedure is essential: a company that has already entered insolvency proceedings is subject to a collective procedure governed by the Belgian Code on Economic Law (Livre XX), and individual debt enforcement actions are then suspended. For guidance on that parallel track, see our overview of bankruptcy and restructuring proceedings in Belgium.

Step-by-Step: The Two Main National Procedures

Step 1 – Pre-Litigation: Formal Demand and Negotiation

Before launching any formal procedure, a creditor should send a written formal notice (mise en demeure / ingebrekestelling) by registered post or another traceable method. This notice serves multiple purposes: it fixes the date from which contractual or statutory late payment interest accrues, it evidences the creditor's good faith, and it often prompts payment or a negotiated settlement without litigation costs. The notice should clearly identify the invoice or contract, the outstanding amount, the legal basis for the claim, and a reasonable deadline for payment – typically 15 days in commercial matters, though this is not a rigid statutory requirement.

Where a debtor is unresponsive or disputes the amount, the creditor must decide between two procedural pathways. The choice depends largely on whether the debt is genuinely uncontested or whether a substantive dispute exists.

Step 2a – Procedure for Uncontested Monetary Claims (Bailiff-Led)

Belgian law provides a streamlined procedure for uncontested monetary claims between enterprises: the procédure de recouvrement amiable des créances entre entreprises / minnelijke invordering van schulden tussen ondernemingen. This route allows a registered bailiff (huissier de justice / gerechtsdeurwaarder) to issue a formal payment demand directly, without prior court involvement, provided strict conditions are met:

• The debt is of a commercial nature and arises between enterprises (both parties must qualify as "enterprises" under Belgian law).
• The debt is certain, liquid, and due – meaning it is not genuinely disputed and its amount is clearly established.
• The creditor holds supporting documentation (invoices, contracts, acknowledgements of debt, or delivery records).
• The debtor has not already entered collective insolvency proceedings.

If the debtor does not respond or contest within the prescribed period after the bailiff's demand, the bailiff can issue an enforceable instrument (titre exécutoire) directly, allowing immediate enforcement without a court judgment. This makes the procedure significantly faster than ordinary litigation for straightforward unpaid invoices. Where the debtor does raise a contestation, the matter is referred to the Commercial Court and follows the contested route.

Step 2b – Summary Order for Payment (Contested or Court Route)

Where a debt is disputed, or where the uncontested procedure is inapplicable, the creditor must file proceedings before the Commercial Court. Belgian procedure offers a summary route – the procédure en référé / kortgeding for urgent provisional measures, as well as an ordonnance de paiement mechanism for claims that are in substance uncontested but require judicial validation. For genuinely disputed claims, full merits proceedings before the Commercial Court apply, where the court examines evidence, hears arguments, and delivers a judgment. Realistic timelines for first-instance judgment in a contested commercial matter vary considerably depending on the court's workload and the complexity of the case; foreign creditors should plan for a process measured in months rather than weeks for contested matters.

If you are assessing whether a Belgian procedure is the right approach for your situation, our team is available to discuss the specifics. Write to info@ferrazwhitmore.com or visit our contacts page.

Enforcement of a Judgment or Enforceable Instrument

Once a creditor holds an enforceable instrument – whether a bailiff-issued title, a court judgment, or a foreign judgment duly declared enforceable in Belgium – enforcement is carried out by a bailiff acting on the creditor's instructions. The main enforcement measures available under Belgian law include:

• Attachment of bank accounts (saisie-arrêt / bewarend beslag): one of the most effective tools, especially where the debtor's banking relationships are known. A conservatory attachment can be obtained on an ex parte basis pending a full judgment, provided the creditor can demonstrate urgency and the apparent validity of the claim.
• Asset freezing orders: conservatory measures may be sought before the attachment judge (juge des saisies / beslagrechter) at any stage, including before a judgment on the merits, to prevent the debtor from dissipating assets. The creditor must satisfy the court that the claim is credible and that there is urgency justifying interim protection.
• Attachment of moveable and immoveable property: bailiffs may seize and sell moveable assets; attachment on real property is registered against the debtor's title at the mortgage registry.
• Garnishment of receivables: sums owed by third parties to the debtor (including trade receivables) can be attached and redirected to the creditor.

It is worth noting that certain assets are statutorily exempt from attachment under Belgian law, and practical enforcement outcomes depend on the debtor's actual asset position. A judgment in your favour does not, in itself, guarantee recovery if the debtor has no reachable assets in Belgium.

Enforcing a Foreign Judgment in Belgium

Where a creditor already holds a judgment from another jurisdiction, the pathway to enforcement in Belgium depends on the origin of that judgment. Judgments from EU Member States benefit from automatic recognition and direct enforceability under EU Regulation 1215/2012 (Brussels I Recast), without the need for a separate exequatur procedure. Judgments from non-EU jurisdictions require an exequatur application before the Belgian Court of First Instance, which reviews the foreign decision against a set of criteria including jurisdictional regularity, compliance with Belgian public policy, and finality of the decision. The Court of Cassation has addressed questions of recognition in its case law, shaping the interpretation of these criteria over time.

For creditors holding judgments from more distant jurisdictions, the process can be more involved. Our guide on enforcing a foreign judgment in Hong Kong illustrates how comparable recognition frameworks operate in another common-law seat, which may be useful context for creditors managing multi-jurisdictional recovery strategies.

Key Documents Required

Whatever procedure is chosen, assembling a complete documentary file at the outset saves time and reduces the risk of procedural objections. A well-prepared file for Belgian debt collection typically includes:

• The original contract or general terms and conditions signed or accepted by the debtor.
• All relevant invoices, with delivery notes or acceptance confirmations where available.
• Correspondence acknowledging the debt or evidencing partial payments.
• The formal demand letter and proof of its receipt by the debtor.
• An up-to-date BCE/KBO extract confirming the debtor company's status, registered seat, and legal representatives.
• Where applicable, a power of attorney authorising Belgian counsel or the bailiff to act on the creditor's behalf.
• Bank account details for payment, and any agreed payment schedules.

Common Errors Made by Foreign Creditors

International creditors approaching Belgian debt recovery for the first time frequently encounter a set of recurring difficulties. Awareness of these pitfalls can meaningfully reduce both cost and delay:

• Ignoring language requirements: Belgian procedural documents must be filed in the language of the judicial district. Filing in the wrong language can result in nullity of the procedure. French-language documents in a Flemish district, or vice versa, are a common source of avoidable delay.
• Failing to verify insolvency status: pursuing individual enforcement against a company already subject to judicial reorganisation or bankruptcy is not only ineffective but may expose the creditor to procedural sanctions. Always check the BCE/KBO and the insolvency register (Registre central de la solvabilité / Centraal Register Solvabiliteit – CentrumKBO) before acting.
• Underestimating the limitation period: Belgian law applies different limitation periods depending on the nature of the claim and the legal basis. Missing a limitation deadline extinguishes the claim entirely. The applicable period should be confirmed with local counsel at the earliest opportunity.
• Assuming EU judgment recognition is automatic without formality: while Brussels I Recast does simplify recognition, enforcement still requires serving the debtor with the judgment and the standard certificate; procedural steps that are omitted can delay attachment proceedings.
• Neglecting to secure assets early: where there is a real risk that the debtor may dissipate assets, applying for a conservatory attachment before commencing merits proceedings is often worth the additional step. Waiting for a final judgment in a contested case carries the risk that recoverable assets are no longer available.
• Using non-specialist intermediaries: debt collection in Belgium at the commercial court level requires a qualified Belgian lawyer (avocat / advocaat). Relying solely on a commercial collection agency for contested matters or enforcement proceedings is not a substitute for legal representation.

Cost Drivers and Realistic Expectations

The costs of debt recovery in Belgium are influenced by several variables: the value of the claim (which determines the procedural indemnity scale), whether the matter is uncontested or contested, the number of enforcement steps required, and whether translation of foreign documents is needed. As a general principle, the bailiff-led uncontested procedure is the least costly route where it is available, while full merits litigation before the Commercial Court involves legal fees, court filing costs, and potentially expert fees if the dispute involves technical or accounting issues.

Belgian courts may award a procedural indemnity to the successful party to contribute towards legal costs. This indemnity is fixed by reference to the value of the claim, using scales set by royal decree, and does not necessarily cover the creditor's actual costs in full. Creditors should budget for the possibility that even a successful outcome leaves a residual uncovered cost.

Regulatory bodies such as the FSMA (Financial Services and Markets Authority) and the NBB (National Bank of Belgium) are relevant context for creditors dealing with regulated Belgian entities – for example, in disputes involving financial instruments or regulated services – but the recovery of commercial debts generally falls outside their remit and proceeds through the ordinary courts.

Decision Checklist Before Acting

Before instructing counsel or a bailiff, a creditor should be able to confirm the following:

• The debtor company's current legal status has been verified in the BCE/KBO and the insolvency register.
• The limitation period applicable to the claim has been identified and has not expired.
• A formal demand has been sent in writing to the debtor's registered address, with proof of delivery retained.
• The full documentary file (contract, invoices, correspondence) has been assembled and is available for counsel.
• The correct judicial district and language regime have been identified.
• A preliminary assessment of the debtor's asset position in Belgium has been made, or is in progress.
• The appropriate procedure – bailiff-led uncontested route or court proceedings – has been selected based on the nature of the dispute.

If any of these points remain uncertain, addressing them before filing saves cost and avoids procedural setbacks. Our team at Ferraz & Whitmore can assist with the full spectrum of commercial debt recovery in Belgium, from pre-litigation strategy through to enforcement. To discuss your situation, contact us at info@ferrazwhitmore.com or through our contacts page.

Working with Belgian Counsel: What to Expect

Foreign companies instructing a law firm in Belgium for debt recovery should expect an initial review of the contractual documentation and the debtor's profile, followed by a clear recommendation on procedure. Qualified Belgian lawyers (avocats / advocaten) have rights of audience before the Commercial Court and work alongside bailiffs who handle formal service and enforcement steps. Communication with a Brussels or Antwerp-based firm typically takes place in English, French, or Dutch depending on the language of the proceedings, and most firms experienced in international matters can accommodate clients across these languages.

For a full overview of Ferraz & Whitmore's approach to debt recovery proceedings in Belgium, including how we coordinate cross-border mandates, please visit our Belgium debt recovery service page. Alternatively, reach out directly at info@ferrazwhitmore.com to discuss a specific matter.

Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.