Legal Collections in Belgium | Debt Collections Fees in Belgium
In Belgium, no fiscal information could be obtained about individuals.
In some cases, mostly when it concerns debtors they understand from previous litigations, bailiffs proceed to a research that is solvability.
This information is specific gives the lender a comprehensive perspective in the fiscal situation of the debtor. For financial information about firms, different free or paying data-banks could be consulted on the internet. Bailiffs can also procure information regarding firms.
Other guarantees need to be settled in an agreement.
After de debtor received the notice to pay, legal interests begin from the day.
2. Legal stage
Debt collection procedures are introduced in court action.
For introducing a claim in court the prescription period is 10 years.
For the citation, a fee of about 200 EUR must be paid and there is also a fee for the case- list, depending on the total amount claimed.
Injunctions and seizures are possible as a way to safeguard the rights of the lender but the preliminary acceptance of a judge of execution is required.
The debt needs to be particular and definite.
In Belgium, a court can accept documents in a foreign language, in the event the judge understands the language. Even though the laws on languages makes it recommendable to use translators.
Court fees and attorney fees could be claimed back but not for the entire amount. The law establis- hes fixed tariffs, which change together with the sum claimed.
Bailiff fees can be recovered for the whole sum. Legal and conventional interests can be billed as a fee for late payments. Between entrepreneurs, a higher interest rate may be charged after 30 days without any need, since the reception of the invoice.
For a European enforcement order in Belgium or the acquisition of an exequatur, a formal request is required.
Just bailiffs are entitled to carry out. That means bailiff fees will be engendered by means of a law firm in the event of an execution.
The creditor has to execute within ten years, after receiving a favorable judgement.