Aanmaningen in Belgium: the order and what you can charge
Demands for payment follow a fixed order: a reminder, a formal notice, a bailiff or collection agency and finally the court. What you may charge depends on your customer: under the law of 2 August 2002, a business pays interest and €40 without you having to send anything, while a private person pays only after a free first reminder.
What is an aanmaning and how does it differ from a reminder and a formal notice?
In everyday speech, an aanmaning is any written request to pay: the reminder is the first, friendly one, the formal notice is the legal form and the bailiff’s payment demand (aanmaning tot betalen) is a separate, formal step. Under article 5.231 of the Civil Code, the formal notice is the unilateral legal act by which the creditor clearly and unambiguously gives notice of their intention to demand performance. Under article 5.240, interest runs from the formal notice, unless the law or the contract makes it run by operation of law.
The bailiff’s payment demand is not a letter from you. It belongs to the collection of an undisputed debt, which is regulated in articles 1394/20 to 1394/24 of the Judicial Code.
All the articles about invoices are under Invoices and Peppol in Belgium, and the steps after an unpaid invoice are a group of their own there.
| Term | What it is | Who sends it | What it does |
|---|---|---|---|
| Reminder | The first request to pay | The creditor | For a business it is not a condition for interest or compensation; for a private person it is itself the formal notice |
| Formal notice | The clear and unambiguous demand for performance | The creditor | Interest runs from it, unless the law or the contract makes it run by operation of law |
| Bailiff’s payment demand | A formal step for an undisputed debt | The bailiff | The debtor must pay within a month |
For a private person, under Book XIX of the Code of Economic Law, the first reminder is itself the formal notice, and it is free. If you are the one receiving an aanmaning, ask the sender which debt and which invoice it concerns before you pay.
In what order do you proceed?
Reminder, formal notice, bailiff or collection agency, then court: between businesses you need not send anything before the interest and the €40 start to run, because they apply by operation of law, and to a private person you send a free first reminder, which is itself the formal notice, and then wait at least 14 calendar days.
Under the law of 2 August 2002, a sole trader is also a business, so a customer who acts as a self-employed person falls under the first rule. Under article 5 of that law, interest runs if you have fulfilled your obligations and the debtor does not prove that they are not responsible for the delay; the compensation of article 6 follows as soon as interest is owed.
In practice, the reminder is the first step: a friendly request to pay, before you do anything formal. When you send it and what it says, you can read in Payment reminder in Belgium. An example letter appears there only as a description of what belongs in it; there is no template to download. For a private person, the same reminder is also the legal first step.
Between businesses, a formal notice is not a condition for the interest or for the €40, because the law makes them run by operation of law.
Collection comes next. Under the Judicial Code, an undisputed debt between two parties registered in the KBO / BCE (the Crossroads Bank for Enterprises, Belgium’s business register) can be collected by a bailiff, without a judge, at the request of the creditor’s lawyer: the bailiff first serves a payment demand, on which the debtor must pay within a month. A collection agency is the other route, and a disputed debt goes to court. The bailiff, the collection agency and the court are covered in Collecting an unpaid invoice in Belgium.
The court is the last step, and which court it is depends on your customer. That is covered in the last section.
How many reminders you send, what a reminder to a business says and how long you wait is not fixed by any rule this article relies on. That is practice, and the page on the reminder says so too.
May you charge interest and costs?
From another business, yes: interest and a fixed compensation of €40, both by operation of law from the day after the due date; from a private person only after a free first reminder and 14 calendar days, and then only capped interest and/or compensation, if your terms provide for them. Under article 5 of the law of 2 August 2002, the interest is the reference interest rate plus eight percentage points, rounded up to the next half point, and under article 6 €40 is added, both by operation of law and without a formal notice.
If your agreement states no date or term, a business must, under article 4, pay within thirty calendar days from the day after receiving the invoice. The parties may agree a term of at most sixty calendar days, and a longer term is deemed unwritten.
| Another business | A private person | |
|---|---|---|
| Interest | Reference interest rate plus 8 percentage points, rounded up to the next half point: 10.5% for the second half of 2026 | At most the same interest, on the amount still owed, if your terms provide for it |
| Fixed compensation | €40, by operation of law | Only if expressly provided for, on a scale from €20 to at most €2,000 depending on the debt; you may ask for interest and/or that compensation, nothing else |
| Other recovery costs | A reasonable compensation for what exceeds that €40 | No other payment |
| What must happen first | Nothing | A free first reminder and then at least 14 calendar days |
Under article 2 of the law, the reference interest rate is the rate the European Central Bank applies to its most recent main refinancing operation: for the first half-year the one on 1 January, for the second the one on 1 July. According to its table of key interest rates, the ECB has applied a rate of 2.40% since 17 June 2026, and 2.40% plus eight points is 10.40%, rounded up to 10.5%.
The rate is therefore 10.5% for the second half of 2026, based on the ECB’s rate on 1 July 2026. Your Europe, the European Commission’s portal, gives the same 10.50 for Belgium for that period.
The percentage is set again every 1 January and 1 July. No figure for 2027 is given here, because it depends on the ECB’s rate on 1 January. The cost of the reminder itself, the private person’s scale and how to put the amount in a letter are covered in Payment reminder in Belgium.
A contract may set a different term or interest, within article 7 of the law. The judge revises a clause that is manifestly unfair to the creditor, and a clause that excludes interest is deemed manifestly unfair.
This is the interest between businesses under the law of 2 August 2002. The interest on late tax payments (nalatigheidsinteresten / intérêts de retard) that the tax office charges on taxes paid late is a different interest.
Who decides if your customer still does not pay?
Between two businesses the enterprise court decides, whatever the amount; against a private person the justice of the peace takes claims up to €5,000. According to rechtbanken-tribunaux.be, the enterprise court (ondernemingsrechtbank / tribunal de l’entreprise) has jurisdiction over all disputes between businesses, and a self-employed person acting in their profession is a business. A debt from a business customer therefore goes to the enterprise court, not to the justice of the peace.
The page on the justice of the peace’s court says that the justice of the peace (vrederechter / juge de paix) hears claims up to €5,000, and that the summary procedure for ordering payment applies up to €1,860. Before the justice of the peace, that procedure does not apply to a claim that belongs before the enterprise court or the police court; under article 1338 of the Judicial Code, it does apply before the enterprise court, whatever the amount. Which court handles a private person’s claim above €5,000, this article does not say.
A judge is not always needed. An undisputed debt between two parties registered in the KBO can be collected by a bailiff, as explained above. The bailiff, the costs and the procedure are covered in Collecting an unpaid invoice in Belgium.
Once you know which customer you are dealing with, you know which step follows: with a business the interest is already running, with a private person you start with the free reminder.
Frequently asked questions
What is an aanmaning?
In everyday speech, an aanmaning is any written request to a customer to pay. The reminder is the first, friendly form. The formal notice is the legal form, in which you clearly and unambiguously demand performance. The bailiff's payment demand is a separate, formal step for an undisputed debt.
What is the difference between a payment reminder and a formal notice?
A reminder is the ordinary first request to pay. A formal notice is, under article 5.231 of the Civil Code, the legal act by which you clearly and unambiguously demand performance. For a private person, the first reminder is itself the formal notice. For a business, you need not send one to get interest and compensation.
Do I have to send a reminder before I can charge interest?
Not for a business: under the law of 2 August 2002, interest and the fixed compensation of €40 run by operation of law and without a formal notice, from the day after the due date. For a private person, you must first send a free first reminder and let at least 14 calendar days pass.
Can I charge interest and compensation when a customer does not pay?
From a business, yes: the reference interest rate plus eight percentage points, rounded up to the next half point, and €40 on top. That is 10.5% for the second half of 2026, based on the ECB's rate on 1 July 2026. From a private person, after the free first reminder and 14 days, only capped amounts.
Which court handles an unpaid invoice?
Between two businesses, the enterprise court decides, whatever the amount. Against a private person, the justice of the peace takes claims up to €5,000, according to rechtbanken-tribunaux.be. An undisputed debt between two parties registered in the KBO can also be collected by a bailiff, without a judge.
Getting paid is a right and a routine, not a quarrel. Follow the steps calmly in their order and you keep your overview.
💜💙 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.
Sources (8)
- Kamer — DOC 55 1806/010 (wet van 28 april 2022, Boek 5 van het Burgerlijk Wetboek), art. 5.231, 5.240
- Justel — Gerechtelijk Wetboek, art. 1394/20 tot 1394/24
- Kamer — DOC 55 3132/007 (wet van 4 mei 2023, Boek XIX van het Wetboek van economisch recht), art. XIX.1, XIX.2, XIX.4
- Justel — Wet van 2 augustus 2002 betreffende de bestrijding van de betalingsachterstand bij handelstransacties, art. 2 tot 7
- Your Europe — B2b-betalingsachterstanden: rente, boetes en compensatie
- ECB — Key ECB interest rates
- rechtbanken-tribunaux.be — Ondernemingsrechtbank
- rechtbanken-tribunaux.be — Vredegerecht