Unpaid invoice or debt — Belgium: how to get paid

Steps to Recover an Unpaid Debt in Belgium

Belgian law provides creditors with a structured escalation path to recover unpaid invoices or debts. The process moves from informal contact, to a formal pre-litigation notice, and finally to judicial proceedings. The key legislation governing commercial debt recovery in Belgium includes the Act of 2 August 2002 on combating late payment in commercial transactions (implementing EU Directive 2011/7/UE) and Sections 1338 to 1344 of the Belgian Judicial Code (Code judiciaire / Gerechtelijk Wetboek), which govern the summary order for payment procedure. Court procedures are regulated by the Belgian Code on Judicial Proceedings of 10 October 1967.

1. Amicable reminder (relance amiable) — Informal contact by phone, email or letter to remind the debtor of the outstanding balance.
2. Formal notice (mise en demeure) — A written, legally formatted demand setting a final deadline.
3. Summary order for payment (procédure sommaire d'injonction de payer) — A simplified judicial procedure before the justice of the peace or commercial court, reserved for domestic debtors with a Belgian address.
4. Ordinary proceedings (citation / dagvaardiging) — If the summary order is unavailable or contested, the ordinary civil procedure applies: bailiff summons, exchange of written arguments, hearing, and judgment.
5. Enforcement (exécution forcée) — Once a judgment or enforceable order is obtained, a bailiff (huissier de justice / gerechtsdeurwaarder) can proceed with attachment of assets, bank accounts, or wages.

Official reference: Federal Public Service for Justice — justice.belgium.be | European e-Justice Portal — Belgium: Order for Payment Procedure

The Amicable Reminder (Relance Amiable)

Before initiating any formal or legal step, it is both practical and expected (by courts assessing costs) that the creditor attempts to resolve the matter amicably. This step has no mandatory legal format but should be documented.

What to do in practice

• Send a first reminder by email or letter as soon as the invoice falls overdue, clearly stating the invoice number, amount, original due date, and a short new payment deadline (typically 7 to 14 calendar days).
• Follow up by phone and note the date, time and substance of any conversation.
• Keep copies of all communications: they may be needed as exhibits before the court.
• In a B2B context, under the Act of 2 August 2002, interest runs automatically from the first day of default, without any need to formally request it — but the creditor must explicitly invoke this right, including before a court if necessary. The standard contractual payment period is 30 calendar days; the maximum permitted period is 60 calendar days, beyond which clauses granting longer terms are deemed unwritten.

Flat-rate recovery indemnity

In B2B transactions, the Act of 2 August 2002 entitles the creditor to a fixed indemnity of EUR 40 as a minimum contribution to recovery costs, automatically applicable from the date the debt falls overdue, in addition to late-payment interest. The creditor may also claim additional reasonable recovery costs if the actual costs exceed EUR 40.

Official reference: Act of 2 August 2002 — Belgian Official Gazette (ejustice.just.fgov.be)

The Formal Notice (Mise en Demeure)

If the amicable reminder goes unanswered, the creditor must send a formal notice of default (mise en demeure / ingebrekestelling). This document is a prerequisite before filing a summary order for payment and is essential to fix the starting date of interest in consumer contexts. In B2B transactions, interest already runs automatically, but the formal notice still marks the start of the official pre-litigation phase and is evidence of good faith.

Mandatory content of a valid formal notice

• Full identification of the creditor and debtor: names, addresses, company registration numbers (BCE/KBO number for companies).
• Precise description of the debt: invoice number(s), date(s), nature of the goods or services, and the exact amount claimed (principal, VAT if applicable).
• Reference to the contractual or legal basis of the claim.
• Statement that interest is accruing as of the due date, with reference to the applicable rate (the statutory commercial rate under the Act of 2 August 2002, or the contractually agreed rate).
• A final, specific deadline for payment — typically 15 calendar days from receipt — with clear statement that judicial proceedings will be initiated upon non-compliance.
• Date and signature of the creditor or their authorised representative.

How to send it

Send the formal notice by registered mail with acknowledgment of receipt (lettre recommandée avec accusé de réception / aangetekende brief met ontvangstbevestiging) and optionally by email simultaneously to create a dual paper trail. A bailiff (huissier de justice) may also serve the notice for maximum evidential weight, particularly for large or complex debts.

Official reference for interest rates: National Chamber of Bailiffs of Belgium — Interest rates table (huissiersdejustice.be)

The Judicial Procedure: Summary Order for Payment (Procédure Sommaire d'Injonction de Payer)

Belgium does not have a dedicated "small claims court." Instead, it offers a summary order for payment procedure (procédure sommaire d'injonction de payer / summiere rechtspleging om betaling te bevelen), governed by Articles 1338 to 1344 of the Belgian Judicial Code. This is the closest Belgian equivalent to the French injonction de payer. It is a written, non-adversarial procedure at first instance — the judge rules on the basis of documents only, without a hearing, unless the claim is contested.

Conditions of eligibility

• The debtor must have their domicile or residence in Belgium (Article 1344 of the Judicial Code). The procedure is not available against debtors domiciled abroad — use the European Payment Order (Regulation (EC) No 1896/2006) for debtors in other EU Member States.
• The claim must be a monetary debt, certain in principle, and must not be seriously disputed.
• The procedure applies in specific categories of disputes listed in Article 1338 of the Judicial Code, which covers commercial disputes and disputes falling within the jurisdiction of the justice of the peace or the police court.

Competent court

Note: The Commercial Court (Tribunal de l'entreprise) replaced the former Tribunal de commerce following the reform introduced by the Act of 15 April 2018. It has jurisdiction over all disputes between undertakings.

Step-by-step procedure

1. Service of a payment order (sommation de payer): The creditor instructs a bailiff to formally serve the debtor with a written demand for payment. The sommation must include: the creditor's full identity, the amount claimed, the basis of the debt, and a warning that a judicial petition will follow if payment is not made within the stated deadline.
2. Filing a petition (requête) with the competent court: If the debtor does not pay after the sommation, the creditor files a unilateral written petition (no mandatory standardised form exists in Belgium) with the registry (greffe / griffie) of the competent court. The petition must attach all supporting documents: invoice(s), contract, proof of delivery, correspondence, and the bailiff's report of the sommation.
3. Ex parte ruling by the judge: The judge examines the file without a hearing. If the claim is well-founded and sufficiently documented, the judge issues an order to pay (ordonnance d'injonction de payer / bevelschrift tot betaling).
4. Service of the order: The order must be served on the debtor by a bailiff within the prescribed time limit set by the judge.
5. Opposition period: The debtor has one month from service of the order to file an opposition (opposition / verzet) with the court. If no opposition is filed, the order becomes final and enforceable (exécutoire / uitvoerbaar).
6. If opposition is filed: The case is transferred to the ordinary adversarial procedure before the same court, with a full hearing and exchange of pleadings.
7. Enforcement: With an enforceable title in hand, the bailiff may proceed to seize bank accounts, attach wages, or levy movable and immovable assets.

Cross-border claims: European Payment Order

If the debtor is based in another EU Member State (other than Denmark), use the European Order for Payment procedure (Regulation (EC) No 1896/2006), which operates on standard forms (Forms A to G) and applies to uncontested monetary claims. The competent court in Belgium for the European Payment Order is determined by ordinary jurisdiction rules. More information: ECC Belgium — European Order for Payment Procedure.

Costs and Timelines

Late-payment interest rates (2025)

The commercial interest rate is revised twice a year (January and July) and published in the Belgian Official Gazette. The current applicable rate should always be verified at: National Chamber of Bailiffs — Interest Rate Table or at FPS Finance (finances.belgium.be).

Indicative cost breakdown

Recovery of costs: Under Article 1017 of the Belgian Judicial Code, the unsuccessful party is in principle ordered to bear the legal costs of the successful party. Lawyers' fees are partially recoverable through the court-set indemnité de procédure / rechtsplegingsvergoeding (a fixed procedural indemnity scaled to the amount in dispute), but full recovery of legal fees is not guaranteed.

Tariffs may be verified at: National Chamber of Bailiffs of Belgium (huissiersdejustice.be) and Portal of the Judiciary of Belgium (justitie.belgium.be).

Indicative timelines

Limitation period: In Belgium, the general limitation period for commercial debts is 10 years under Article 2262bis of the Civil Code (now Article 2277 of the new Civil Code). Specific shorter periods may apply depending on the type of claim (e.g., 1 year for certain consumer debts, 5 years for some statutory claims). Always verify with a legal adviser. The limitation period is interrupted by a judicial summons or a writ of summons.

FAQ

Can I use the summary order for payment procedure (injonction de payer) for any amount?

The Belgian summary order for payment procedure does not have a fixed upper monetary ceiling; the applicable threshold depends on the jurisdiction of the court before which you file. The justice of the peace has general jurisdiction up to EUR 5,000. For higher amounts in commercial disputes between undertakings, the competent court is the Commercial Court (Tribunal de l'entreprise), which has no upper limit. However, the procedure is specifically designed for claims that are not seriously contested and for which clear documentary evidence exists. If the debtor files an opposition within one month of service of the order, the case automatically converts into ordinary adversarial proceedings. The procedure is governed by Articles 1338–1344 of the Belgian Judicial Code. Source: European e-Justice Portal — Belgium.

Does the debtor need to be in Belgium for the procedure to apply?

Yes. Under Article 1344 of the Belgian Judicial Code, the domestic summary order for payment procedure applies only if the debtor has their domicile or residence in Belgium. If your debtor is based in another EU Member State (excluding Denmark), you must use the European Order for Payment Procedure (Regulation (EC) No 1896/2006), which is available through the competent Belgian court and processed using standard EU forms. More information is available at: ECC Belgium.

Am I entitled to charge interest automatically on a late B2B invoice, without a formal notice?

Yes, in B2B transactions. Under the Act of 2 August 2002 on combating late payment in commercial transactions, interest is due automatically from the day following the end of the agreed or statutory payment period, without any need to send a prior formal notice or a mise en demeure. The statutory interest rate for commercial transactions is revised semi-annually; for the second semester of 2025, it stands at 10.5% per annum. A fixed recovery indemnity of EUR 40 is also automatically applicable. In a consumer (B2C) context, different rules apply and a formal notice is generally required before interest begins to run. Always verify the current applicable rate at: huissiersdejustice.be.

Do I need a lawyer to file a summary order for payment in Belgium?

No lawyer is strictly mandatory to file a petition for a summary order for payment before the justice of the peace or the commercial court. There is no standardised form required — the creditor files a written petition with supporting documents at the court registry. However, given the procedural requirements (correct identification of the competent court, preparation of the sommation by a bailiff, drafting of the petition, and risk of the case converting to ordinary proceedings if opposed), instructing a lawyer or a specialised debt recovery firm is strongly advisable for amounts above a few hundred euros. Legal costs may be partially recoverable from the debtor as a procedural indemnity (indemnité de procédure / rechtsplegingsvergoeding) if you prevail. For official procedural information, consult: Portal of the Judiciary of Belgium (justitie.belgium.be) and European e-Justice Portal — Belgium.