A high-value debt recovery claim in Belgium requires acting within the applicable time limits and choosing the most effective legal strategy to secure payment. In many cases, a poor decision can result in the debt becoming unrecoverable or significantly delay recovery. In this article, we explain how debt recovery works in Belgium, the available procedures, which options are best suited to your situation, and how to recover your money.
What is a debt recovery claim in Belgium?
A debt recovery claim in Belgium is the procedure by which a natural or legal person (creditor) seeks payment of a sum owed by another party (debtor), either through amicable means or judicial proceedings. From a legal standpoint, it is an action aimed at enforcing a payment obligation arising from a contractual relationship. This type of procedure is common in both civil and commercial matters, particularly in cases of non-payment.
Difference between civil and commercial debt
It is important to distinguish between these two types of debt, as they affect time limits, recovery mechanisms, and the competent courts, among other factors. A civil debt arises between private individuals (for example, personal loans or private agreements). By contrast, a commercial debt arises between companies or within the context of a professional activity (for example, unpaid invoices or commercial contracts).
💡Common examples of debt recovery claims: The most frequent cases include unpaid invoices between companies, personal loans that have not been repaid, contractual breaches (unpaid services), and acknowledged debts that have not been enforced. In all these situations, Belgian law allows you to initiate legal action to recover a debt in Belgium.
Legal framework for debt recovery in Belgium
From a legal standpoint, debt recovery in Belgium is primarily governed by the Belgian Civil Code and the Belgian Judicial Code. In particular, the principle of contractual obligation is set out in former Article 1134 of the Civil Code, which provides that agreements have the force of law between the parties (pacta sunt servanda). This means that the debtor is legally bound to comply with the agreed payment obligations.
In matters of liability for non-performance, former Article 1147 of the Civil Code allows the creditor to claim damages, including default interest, where the debtor fails to fulfil their payment obligations. In parallel, the Belgian Judicial Code governs the procedural aspects of debt recovery, including rules on jurisdiction (Articles 624 et seq.) and enforcement mechanisms. These mechanisms enable the creditor, following a favourable judgment, to recover the debt through measures such as the attachment of assets or bank accounts.
💡 These provisions form the legal foundation for debt recovery in Belgium, and understanding them is necessary to maximise the chances of successful recovery.
When can you recover a debt in Belgium?
Not every debt can be claimed directly. In Belgium, before initiating any action—whether amicable or judicial—it is necessary to verify that the debt meets certain conditions.
💡 In practice, the viability of a high-value debt recovery claim in Belgium depends on three elements: the nature of the debt, the evidence available, and the timing of the claim.
Legal requirements to recover a debt
For a claim to succeed before the Belgian courts, the debt must be certain, liquid, and due (certain, liquid and payable). A certain debt requires a clear and established obligation to pay.
💡 Examples: an invoice issued following services actually rendered, a signed contract containing a payment obligation, or a written acknowledgment of debt.
Liquid debt means that the amount is determined, and the sum claimed is precise and calculable.
💡 Examples: an invoice for €1,250,000 constitutes a liquid debt; a contract with a clearly defined price also qualifies. By contrast, where damages cannot yet be quantified, the debt is not considered liquid.
A due (payable) debt means that the payment deadline has expired. A debt cannot be claimed before it becomes due.
💡 Example: if an invoice provides for a 30-day payment term, it can only be claimed from day 31 onwards.
As regards documentary evidence, this is important and must be properly substantiated. Courts typically rely on signed contracts (primary and strong evidence), issued invoices (particularly in B2B relationships), emails (accepted as evidence), and other communications (including WhatsApp messages, which may also are admissible).
💡 Without sufficient supporting evidence, recovering a debt can be difficult. It is therefore decisive to retain and compile all relevant documentation relating to the claim.
Limitation periods for debt recovery in Belgium
One of the most important aspects to consider is understanding the applicable limitation periods for debt recovery. Limitation means that, once a certain period has elapsed, the creditor loses the legal right to enforce the claim.
| Type of debt | Limitation period |
|---|---|
| Civil (between individuals) | 10 years |
| Commercial (between businesses) | 5 years |
When does the limitation period start to run? As a general rule, it begins on the due date of the debt, or the moment when the obligation should have been performed.
💡 Example: if an invoice is due on 1 January 2020, the limitation period starts running from that date.
As regards the legal framework, limitation periods are governed by Article 2262bis of the Belgian Civil Code, which establishes, in principle, a general limitation period of 10 years for debts between private individuals, while commercial debts are subject to shorter periods (typically 5 years in commercial practice). However, limitation is not always definitive, as it may be interrupted by certain acts, such as the service of a formal notice (mise en demeure), acknowledgment of the debt by the debtor, or the initiation of legal proceedings.
Procedures to recover a high-value debt in Belgium
When dealing with a high-value debt recovery claim in Belgium, not all debts should be pursued through the same mechanism. The most appropriate solution—requiring a case-by-case legal assessment—depends on different factors, including whether the debt is disputed, whether the debtor is a company or a consumer, the available evidence, and whether the matter is domestic (national) or cross-border matter.
Amicable recovery in Belgium (formal notice)
Amicable recovery is the first step in recovering a debt in Belgium. It consists of sending the debtor a mise en demeure (formal notice of payment), identifying the debt, its origin, the amount claimed, the payment deadline, and the legal consequences of non-payment within the specified period. This stage precedes judicial proceedings. It generally serves three key purposes: exerting pressure on the debtor, initiating potential negotiations, and preparing the ground for subsequent legal action. For further details, refer to our article on formal notices in Belgium.
Why is this route still so important? Many debts can be resolved without litigation if the debtor understands that judicial proceedings are imminent. In addition, pressure increases when the formal notice also refers to default interest and legal costs.
Out-of-court procedure for undisputed debts in Belgium
Among the available mechanisms for high-value debt recovery in Belgium, there is a particularly effective procedure in the business context, the extrajudicial recovery of undisputed monetary debts between companies. Unlike many other legal systems, Belgium provides for a specific procedure, subject to strict conditions. This mechanism is governed by Articles 1394 et seq. of the Belgian Judicial Code and allows the creditor to initiate recovery without filing a court claim. The procedure involves both a lawyer and a huissier de justice (bailiff), who serves the formal notice and initiates the process, which may ultimately lead to an enforceable title if the debtor does not react within the prescribed time limit.
At Arthur & Marin, we are a law firm specialised in business law and regularly assist clients in these procedures.
When should this procedure be used?
This mechanism can be used when the debt is not contested by the debtor and allows the creditor to act swiftly without initiating court proceedings. It also significantly reduces recovery time, provided that both parties are legal entities (companies). However, if the debtor formally disputes the debt, this procedure becomes unavailable, and judicial proceedings will be required.
Order for payment procedure in Belgium
The order for payment procedure in Belgium is another alternative for recovering a debt, available to both companies and individuals. However, is limited to specific situations and, above all, to low-value debts not exceeding EUR 1,860. In essence, it is a simplified procedure that allows the creditor to request payment of a debt without initiating ordinary court proceedings. Its purpose is to facilitate recovery through a faster and more streamlined process, although its main limitation lies in the capped amount. Furthermore, if the debtor files an objection, the procedure loses its simplified nature, and the case is transferred to ordinary judicial proceedings (as explained below).
Ordinary judicial proceedings in Belgium
When it comes to recovering a significant debt in Belgium, or where the debtor disputes the payment obligation, the appropriate route is ordinary judicial proceedings. Unlike other procedures, the court examines the merits of the case, including the existence of the debt, its amount, the contractual obligations, and the arguments raised by the defence. This procedure ultimately allows the creditor to obtain a final and enforceable judgment. In addition to the principal claim (the debt itself), the creditor may also seek additional amounts, such as default interest, legal costs, or damages, as discussed below.
How do judicial proceedings work?
Judicial proceedings in Belgium follow a structured process. The procedure begins with the filing of a claim before the competent court (civil court or enterprise court, depending on the case). If the defendant contests the claim, the parties agree on a procedural timetable, under which they submit written arguments supported by documentary evidence. Once the exchange of written submissions is completed, the court schedules an oral hearing to hear both parties. Following the hearing, the judge issues a decision (judgment) ruling on the debt claim and, where applicable, on the interest due.
💡 During the proceedings, expert evidence may be introduced, and all supporting documentation must be submitted to the court.
The time required to obtain a judgment may vary depending on different factors, such as the court’s workload, whether the claim is contested (which typically increases the duration), and whether expert reports are required. In general terms, debt recovery proceedings in Belgium may take between 6 and 18 months. Once the judgment is rendered, if the debtor does not pay voluntarily, enforcement proceedings must be initiated. These may include the attachment of bank accounts, seizure of assets, and the involvement of a huissier de justice (bailiff).
Mediation and conciliation in Belgium: alternative options
In certain contexts—particularly in ongoing commercial relationships or where there is a partial dispute—alternative dispute resolution mechanisms such as mediation and judicial conciliation can offer a solution to avoid litigation.
What is mediation in Belgium and how does it work?
Mediation is a process in which a neutral and independent third party (the mediator) assists the parties in reaching a voluntary agreement. Unlike a judge, the mediator does not impose a decision. Their role is to facilitate negotiations, clarify each party’s interests, and help identify a mutually acceptable solution. Mediation may take place before judicial proceedings are initiated, during the proceedings, or even at an advanced stage of the dispute.
What is judicial conciliation?
Judicial conciliation takes place before a judge. In this context, the judge does not decide the dispute but seeks to bring the parties closer together in order to reach a mutual agreement. Once approved by the judge, the agreement has legal force and can be enforced. In Belgium, this conciliation may be requested before initiating contentious proceedings.
When is it advisable to opt for mediation or conciliation?
These mechanisms are not suitable for all cases, but they can be useful in specific situations—for example, where there is a commercial relationship to preserve, where staged payments or debt restructuring are sought, or where commercial compensation is being negotiated. If the debtor acknowledges part of the debt but disputes aspects such as the quality of the service or the amount claimed, mediation may be a valuable option. In terms of advantages, these procedures can reduce resolution times, lower legal costs, and preserve business or personal relationships. However, they are generally not recommended where the debtor is acting in bad faith, attempting to delay proceedings, or where there is a risk of insolvency.
European order for payment
Where a debt has a cross-border element within the European Union, the European Order for Payment procedure may be used. This is a uniform EU-wide mechanism designed to facilitate the recovery of uncontested monetary claims between parties located in different Member States. It allows creditors to obtain, within relatively short timeframes, a decision that is enforceable across the EU, making it particularly valuable in international trade.
What is the european payment order procedure and how does it work?
The European Order for Payment is a procedure governed by European Union law that allows a creditor to submit an application before a national court. If the claim meets the formal requirements, the court may issue a European payment order without hearing the debtor. The debtor is then granted a period in which to lodge an opposition. If no opposition is filed within that time, the order becomes enforceable, enabling the creditor to proceed directly with enforcement measures—such as attachment of bank accounts or assets—in any EU Member State where the debtor holds assets. Due to its nature, this mechanism is particularly effective for the recovery of international debts.
When should the european order for payment be used?
The European Order for Payment is intended for specific situations where several conditions are met:
- Cross-border relationship within the EU: there must be an international element, meaning that the creditor and debtor are domiciled in different EU Member States.
- Clear, liquid and due monetary claim: the debt must be precisely determined, payable, and free from significant legal complexity.
- Absence of dispute: although the procedure allows for opposition, its effectiveness relies on the debtor not seriously contesting the claim.
- International commercial context: it is particularly useful in business relationships between companies operating in different countries, where unpaid cross-border invoices are common.
This is a standardised and simplified procedure, faster than ordinary litigation, with automatic recognition across the European Union. If the debtor files an opposition within the prescribed period, the procedure is converted into ordinary judicial proceedings.
💡 Practical example: A French company provides services to a Belgian company and issues an invoice of €350,000, which remains unpaid. If no opposition is expected, the creditor may use the European Order for Payment to claim the amount directly from France or Belgium. If the debtor does not respond, the creditor obtains an enforceable title, allowing immediate enforcement measures such as the attachment of bank accounts or assets wherever the debtor holds them within the EU.
Comparison of procedures to recover a high-value debt in Belgium
| Procedure | When to use it | Type of debt | Speed | Initial cost | Features |
|---|---|---|---|---|---|
| Amicable recovery | Always as a first strategic step | Civil or commercial | High | Low | Does not guarantee recovery |
| Extrajudicial B2B procedure | Undisputed debt between companies | Invoices and clear commercial debts | Medium–high | Medium | Not available if the debt is disputed |
| Belgian order for payment | Only for low-value claims | Monetary claims up to €1,860 | High | Low–medium | Not suitable for high-value debts |
| Ordinary judicial proceedings | High-value or disputed debt | Civil or commercial | Medium–low | Medium–high | More complex and time-consuming |
| European order for payment | Undisputed cross-border EU claims | Determined monetary claims | High | Medium | Limited to EU cross-border cases |
| Mediation / conciliation | When an agreement is preferable | Disputed debt or ongoing relationship | Variable | Variable | Requires cooperation between parties |
Default interest and recoverable costs in Belgium
In a high-value debt recovery claim in Belgium, Belgian law allows the creditor to claim not only the principal amount but also default interest and certain costs related to non-payment. This increases the total amount recoverable.
Default interest in Belgium
In Belgium, the applicable interest depends primarily on the legal relationship between the parties.
Statutory interest (civil relationships)
In relationships between private individuals, statutory interest applies. The rate is set periodically by law and applies where no contractual rate has been agreed. These interest rates are generally lower than commercial rates and begin to accrue either from the moment the debt becomes due or from the date of formal notice, depending on the circumstances.
💡 These are commonly applied in personal loans or civil debts.
Commercial interest
In commercial matters, particularly for unpaid invoices between businesses, commercial late payment interest applies, or the rate agreed in the contract. These rates are higher than statutory interest and apply in case of non-payment. Under certain conditions—and depending on contractual terms—interest may accrue without the need for prior formal notice.
Recoverable amounts in debt recovery proceedings in Belgium
The Belgian legal system allows the creditor to recover part of the costs associated with the proceedings.
Legal costs and procedural indemnity
In Belgium, lawyers’ fees are not fully shifted to the losing party. Instead, the system provides for partial compensation known as a procedural indemnity (indemnité de procédure / rechtsplegingsvergoeding). This means that the court may order the losing party to pay a fixed amount to the successful party to cover part of the legal costs. This indemnity is not calculated based on the actual fees paid to the lawyer but is determined according to statutory scales, mainly depending on the value of the dispute. As a result, the creditor can obtain partial reimbursement, reducing the financial impact of the proceedings—particularly relevant in high-value debt recovery cases in Belgium.
Other recoverable costs in Belgium
In addition to the procedural indemnity, other costs may also be recovered as part of high-value debt recovery claim in Belgium. These include, in particular, costs arising from the intervention of a huissier de justice (bailiff) during the enforcement phase. For example, costs related to the attachment of bank accounts or seizure of assets. Overall, the system allows the creditor to recover a significant portion of the costs generated by the debtor’s non-payment.
💡 Practical example: To illustrate, consider a company initiating a high-value debt recovery claim in Belgium for an unpaid invoice of €250,000. In addition to the principal amount, commercial interest will be added. A procedural indemnity will also be awarded to partially cover legal costs. As a result, the total amount recovered may be significantly higher than the initial debt.
Which court has jurisdiction in Belgium for a debt claim?
Choosing the wrong jurisdiction in Belgium may result in the claim being declared inadmissible or even in the nullity of the proceedings. Therefore, to correctly identify jurisdiction in a Belgian debt recovery case, three elements must be analysed. The nature of the parties (company or individual), the type of legal relationship, and, where applicable, the international dimension of the debt.
Enterprise court or civil court, which applies?
In Belgium, subject-matter jurisdiction primarily depends on whether the dispute falls within a commercial or civil context. When the debt arises between companies or in the course of a professional activity, the case generally falls within the jurisdiction of the enterprise court (tribunal de l’entreprise / ondernemingsrechtbank). This court has jurisdiction over commercial disputes, such as unpaid invoices between businesses or contractual breaches. By contrast, when the dispute arises between private individuals or outside a professional context, jurisdiction lies with the civil courts (tribunal de première instance or, for lower-value claims, the justice of the peace). These courts handle claims arising from personal loans, private agreements, or non-commercial relationships.
Territorial jurisdiction where should the claim be filed?
Once the type of court has been identified, it is necessary to determine the competent location. As a general rule in Belgium, territorial jurisdiction is based on the debtor’s domicile. This means that the claim must be brought before the court of the place where the debtor has their residence or registered office. However, there are important exceptions. In contractual matters, the creditor may, in certain cases, bring the claim before the court of the place where the obligation was or should have been performed (for example, the place of delivery of goods or provision of services), or before the court designated by a contractual jurisdiction clause (which may even refer to a neutral international forum).
💡 Example – unpaid invoice between companies in Belgium: A Portuguese company provides consulting services to a Brussels-based company and issues several invoices totalling €180,000, which remain unpaid. As this is a business-to-business relationship and the debt arises from a professional activity, the competent court in Belgium will be the enterprise court. From a territorial perspective, the claim should, in principle, be brought before the court of the debtor’s registered office, i.e. Brussels. However, if the contract specifies another place of performance or includes a jurisdiction clause, this may alter jurisdiction.
International cases and the Brussels I bis Regulation
Where the debt has a cross-border element within the European Union, jurisdiction is governed by Regulation (EU) No 1215/2012, commonly known as the Brussels I bis Regulation. This regulation establishes uniform rules to determine jurisdiction in civil and commercial matters between Member States. As a general principle, the defendant must be sued in the Member State where they are domiciled. In contractual matters, jurisdiction may also lie with the courts of the place of performance of the obligation. This means that, in an international high-value debt recovery case involving Belgium, it may be possible to bring proceedings either in Belgium or in another Member State, depending on the specific circumstances. Moreover, the Brussels I bis Regulation facilitates the recognition and enforcement of judgments across EU Member States, which is particularly important in cross-border debt recovery.
💡 Example – international debt claim (Spain–Belgium): A self-employed professional based in Valencia sells goods to a Belgian company for €3,500,000 The goods are delivered in Belgium, but the invoice remains unpaid. In this case, the Brussels I bis Regulation applies. As a general rule, the creditor may bring proceedings in Belgium, where the debtor is domiciled, or in the place of performance of the obligation—which, in this case, is also Belgium (place of delivery). Therefore, the competent jurisdiction will be Belgium, specifically the enterprise court corresponding to the debtor’s registered office.
International debt recovery in Belgium
Belgium is one of the most international markets in Europe. The presence of EU institutions, multinational companies, and extensive cross-border trade means that international debt recovery cases in Belgium are very common. In this context, recovering a debt where the parties are located in different countries requires a solid understanding of applicable EU rules and private international law.
Debtor in Belgium and foreign creditor, can you claim from another country?
It is entirely possible to bring a claim against a Belgian debtor without being domiciled in Belgium. This means that a Spanish company may recover an unpaid invoice from a Belgian company, a French supplier may take action against a client in Brussels, or a self-employed professional may initiate proceedings from their country of residence.
💡 These situations are common in cross-border high-value debt recovery involving Belgian debtors, particularly in sectors such as services, logistics, consulting, and international trade.
Brussels I bis Regulation the foundation of international jurisdiction
As mentioned above, the legal instrument governing cross-border large debt recovery within the EU is Regulation (EU) No 1215/2012. This regulation establishes rules to determine which courts have jurisdiction in disputes involving companies or individuals from different Member States. In addition, Brussels I bis ensures the automatic recognition of judgments between Member States, significantly facilitating enforcement across borders.
Enforcement of foreign judgments in Belgium
One of the most critical aspects of international debt recovery is not only obtaining a judgment but also enforcing it in the country where the debtor’s assets are located. Within the European Union, thanks to the Brussels I bis Regulation, a judgment issued in Spain, France, or another Member State can be enforced in Belgium without the need for a separate recognition procedure (exequatur). It is sufficient to comply with certain formal requirements to initiate enforcement measures. This enables creditors to act swiftly, for example by attaching bank accounts in Belgium or seizing assets. In addition, the European Order for Payment procedure—discussed above—offers another efficient tool for cross-border debt recovery, allowing for rapid enforcement across EU Member States.
How to maximise debt recovery in Belgium
To maximise the chances of recovering a high-value debt in Belgium, it is important to act promptly and ensure the debt is properly documented (contracts, invoices, emails), as strong evidence significantly facilitates both negotiation and the likelihood of success in judicial proceedings. If the debtor does not respond, it is important not to delay, in order to avoid insolvency risks. In business-to-business cases, where the debt is not disputed, faster and more efficient recovery mechanisms may be available.
💡 It is advisable to involve a specialised law firm from the outset—such as ours—to assess the situation, define the most effective strategy, and maximise the recovery of the debt.
Do you need to recover a significant debt in Belgium? Contact us
If you have a high-value outstanding debt in Belgium, at Arthur & Marin we provide legal assistance in debt recovery matters, from the initial assessment through to enforcement, on a tailored basis (domestic and international debts, companies and individuals). We assess the viability of your claim, estimate costs and timelines, and implement the most effective strategy to maximise recovery.
Contact us at info@arthurmarin.com or call +32 465 345 345 for a confidential evaluation, and recover your money quickly and securely.
💡 Maximising high-value debt recovery in Belgium largely depends on proper planning, prior legal assessment, the choice of the appropriate procedure, and specialised legal advice.
