Collecting an unpaid invoice in Belgium: steps and costs

Collecting an unpaid invoice starts with a reminder and a formal notice, then a collection agency, a lawyer or a bailiff. If a business does not pay, the enterprise court decides whatever the amount; for a private person it is the justice of the peace up to €5,000, according to the courts.

What do I do if a client does not pay?

You send a reminder, then a formal notice, then bring in a collection agency, a lawyer or a bailiff, and go to a judge only if the invoice stays unpaid. The order is always the same:

1. The reminder.
2. The formal notice.
3. A collection agency, a lawyer or a bailiff.
4. Payment through the bailiff or the court.
5. Enforcement of the judgment.

The client decides which rules you follow. An unpaid invoice from a private person falls under Book XIX of the Code of Economic Law, which according to article XIX.1 applies to any late payment of a consumer’s debt to a business. According to the FOD Economie / SPF Economie (the federal economy department), the first reminder to a consumer is free for contracts from 1 September 2023.

A business as a client falls outside Book XIX. The law of 2 August 2002 and the Judicial Code apply to it, explained below. This article stops at a debtor in Belgium: for a client abroad it describes no route.

The whole picture of an unpaid invoice is in unpaid invoice in Belgium, and the reminder itself, the first step, in payment reminder in Belgium. All articles about invoices: Invoices and Peppol.

Formal notice and demand: when do you need them?

A reminder is not enough for the summary procedure: a petition for a certain monetary debt first requires a demand (aanmaning).

The demand under article 1339 of the Judicial Code is a bailiff’s writ or a registered letter with proof of receipt. It states the fifteen-day period to pay, the amount claimed and the judge before whom the claim will come, on pain of nullity.

Against a business you need no formal notice to claim interest and fixed compensation: under the law of 2 August 2002 the amount due is increased from the next day by operation of law and without formal notice, unless the debtor proves that he is not responsible for the delay.

For a private person the first reminder is itself the formal notice, under article XIX.2 of Book XIX. According to article 5.231 of the Civil Code, a formal notice is the unilateral legal act by which the creditor clearly and unambiguously gives notice of the will to demand performance.

Should I use a collection agency?

Collecting unpaid invoices through a collection agency is a choice beside a lawyer and a bailiff, and you pay for it: according to Wikifin, the creditor must pay the debt collector for its services.

Wikifin’s page says that a collection agency must be registered with the FOD Economie as a debt collector, an obligation that does not apply to lawyers and bailiffs. The agency may not charge the debtor extra costs on top of the late-payment costs in the terms of sale. It may never pretend to be enforcing a judgment and never threaten seizure of wages or goods.

According to Wikifin, a seizure requires a judgment or a notarial deed. These are rules for the debts of private persons: article XIX.6 of Book XIX requires registration for the amicable recovery of a consumer’s debt. About the recovery of a business’s debt, this article says nothing.

How does a bailiff collect an undisputed debt between businesses?

Between two businesses, a bailiff can collect an undisputed, certain and payable monetary debt without a judge, at the request of the creditor’s lawyer, under article 1394/20 of the Judicial Code in the Justel text updated to 2 April 2026.

The amount does not matter. Besides the principal, the statutory increases and the recovery costs, all interest and penalty clauses together can be recovered up to at most 10% of the principal. Excluded are, among others, public authorities, creditors or debtors not listed in the KBO / BCE (the Crossroads Bank for Enterprises, Belgium’s business register; since 26 February 2026 a registration in a central register of another EU member state is also enough), acts outside the business’s activities, a bankruptcy and a collective debt settlement.

This is how the procedure runs according to the explanatory memorandum to a bill in the Chamber of 17 November 2017; it has been in force since 2 July 2016:

1. The creditor’s lawyer instructs the bailiff to collect.
2. The bailiff asks the debtor to pay within the month, with a bailiff’s payment demand (aanmaning tot betalen).
3. If the debtor disputes the debt with reasons, the collection stops and the creditor can still go to court.
4. If he neither disputes nor pays, the bailiff draws up a report of non-contestation.
5. A magistrate makes it enforceable, so you have an enforceable title without an ordinary court.

The bailiff’s procedure between businesses is a different one from the summary procedure in the next section, which does go before a judge. Even after the report, the debtor can still go to court to suspend the enforcement.

Which court has jurisdiction and how does it run?

A dispute with another business goes to the enterprise court (ondernemingsrechtbank / tribunal de l’entreprise), whatever the amount; a dispute with a private person goes to the justice of the peace (vrederechter / juge de paix) up to €5,000. According to the page of the enterprise court, a self-employed person with a professional activity counts as a business, except for an act that is manifestly foreign to the business.

According to the courts’ tariff page, the court registration fee (rolrecht) is a tax per case entered on the roll; the amounts are under “Tarieven voor de rolrechten” (rates for the court registration fees).

The bailiff’s tariff is indexed every year. Check the amounts for the current year.

The case usually starts with a summons, which a bailiff hands to the other party, according to the page on the civil case. According to the justice of the peace’s brochure, the claimant advances the bailiff’s costs, and whoever loses bears them and the registration fee as well. After the judgment a bailiff serves it, and he can seize goods or wages.

Another route for an undisputed monetary debt is the summary procedure, which under article 1338 of the Judicial Code applies to a certain monetary debt that appears to be supported by a document from the debtor, up to €1,860 before the justice of the peace, and also to claims before the enterprise court, whatever the amount. After the demand of article 1339, your lawyer signs the petition, and the judge decides within fifteen days. His order has the effects of a default judgment: the debtor can lodge an opposition or an appeal.

What does it cost and what can I charge?

You pay the collection agency, the lawyer and the bailiff first; from a business you claim €40 fixed compensation and reasonable compensation for the other recovery costs, from a private person only capped amounts.

Under article 6 of the law of 2 August 2002, the fixed compensation is due by operation of law and without formal notice, when late-payment interest is owed. On top of that amount the creditor is entitled to reasonable compensation for all other recovery costs, the procedural indemnity included. A clause excluding those costs is presumed under article 7 to be manifestly unfair.

This article names no interest rate and no scale for a private person: both are in payment reminder in Belgium.

How long can I still collect an unpaid invoice?

Personal actions in principle expire after ten years under article 2262bis of the old Civil Code, in the Justel text updated to 10 March 2026.

The same law sets shorter periods for some claims. What the new Civil Code provides on this, this article does not say. Have an old invoice checked before you wait any longer.

Frequently asked questions

What do I do if a client does not pay an invoice in Belgium?

You send a reminder first and then a formal notice. If the invoice stays unpaid, you hire a collection agency, a lawyer or a bailiff, and only then go to court. Your client decides the rules: a private person falls under Book XIX of the Code of Economic Law, a business does not.

What does a collection agency or bailiff cost?

The creditor pays the collection agency, the lawyer and the bailiff first. In a lawsuit the claimant advances the bailiff's costs, and whoever loses bears them. The court registration fee (rolrecht) is €165 at the enterprise court and €50 before the justice of the peace; before the justice of the peace, the loser bears it.

What costs can I charge for an unpaid invoice?

From a business you claim interest and a €40 fixed compensation, both by operation of law, plus reasonable compensation for other recovery costs, under the law of 2 August 2002. From a private person, after the free first reminder, you may charge only capped interest and a capped fixed fee.

How long can I still collect an unpaid invoice?

Under article 2262bis of the old Civil Code, in the Justel text updated to 10 March 2026, personal actions in principle expire after ten years. Some claims have shorter periods. Have a lawyer or bookkeeper check an old invoice before you wait.

Chasing money can feel heavy. A calm order of steps makes it lighter.
💜💙 Your BravoLisa Team

This article is for general information purposes only and does not constitute professional tax, legal, or accounting advice. Every situation is different — consult a qualified professional (tax adviser, accountant, or lawyer) for advice specific to your circumstances. BravoLisa does not accept liability for decisions made based on this information.

Last updated: October 2026. Amounts and thresholds can change: always check them with the RSVZ / INASTI, the FOD Financiën / SPF Finances or your social insurance fund.

Sources (14)

Verified on 12 October 2026

1. Justel — Wet van 4 mei 2023 (Boek XIX van het Wetboek van economisch recht), art. XIX.1, XIX.2, XIX.4, XIX.6
2. FOD Economie — Onbetaalde facturen: verplichte gratis eerste herinnering en beperking vergoeding bij te late betaling
3. Justel — Wet van 2 augustus 2002 betreffende de bestrijding van de betalingsachterstand bij handelstransacties, art. 5, 6, 7
4. Kamer — DOC 55 1806/010 (wetsvoorstel Boek 5 van het Burgerlijk Wetboek, tekst aangenomen in tweede lezing door de commissie, 6 april 2022), art. 5.231
5. Justel — Gerechtelijk Wetboek, Deel IV, art. 1338 tot 1344
6. Wikifin — Schulden invorderen: wat zijn de regels?
7. Justel — Gerechtelijk Wetboek, Deel V, art. 1394/20 tot 1394/24
8. Kamer — DOC 54 2783/001 (wetsvoorstel van 17 november 2017), art. 1394/20 tot 1394/24
9. rechtbanken-tribunaux.be — Ondernemingsrechtbank
10. rechtbanken-tribunaux.be — Vredegerecht
11. rechtbanken-tribunaux.be — Kosten & tarieven
12. rechtbanken-tribunaux.be — Burgerlijke zaak
13. rechtbanken-tribunaux.be — Brochure van de vrederechter (D/2025/7951/NL/1339)
14. Justel — [OUD] Burgerlijk Wetboek, Boek III, titel XIV tot XX, art. 2262bis