Debtors’ area


Recovery of undisputed commercial claims


What is it about?

Under specific conditions (the most important conditions being that the pecuniary debt is not contested and that both parties are incorporated in the Central Databank of Companies), the creditor wishing to obtain an enforcement order so as to initiate the enforcement procedure against his debtor can decide not to recourse to ordinary law under the form of a summons, but to recourse to the procedure for the recovery of undisputed debts.

This procedure is quicker and less expensive than the summons procedure.

The formal demand for payment you received is the first act of this procedure.

This demand states in particular the identity of your creditor, the breakdown of the amounts due, the documents allowing you to check the merits of the claim and an answer form.

It opens a time period of one month to react.

Why should you react?

If you don’t react within one month, not earlier than one month and eight days as from the date of the demand, a non-contestation report will be drawn up.

This report, which will be charged to you, will be sent to a magistrate via a computer application.

This magistrate will check the legality of the procedure and declare that the non-contestation report becomes enforceable.

The procedure can then be pursued by all legal meanings (order to pay, seizure of furniture, attachment of salary, …) on the basis of the title issued by the magistrate.

How to react?

Within one month as from the demand, three solutions are available to you:

  • Pay the balance mentioned in the demand, in such case, the procedure ends;
  • Apply for the granting of a repayment plan: thereto, you shall absolutely use the answer form attached to the demand. Indeed, in the framework of this procedure, a mere e-mail or telephone call cannot be legally taken into account.
    As long as the plan is complied with, the procedure is suspended. In the event the payments would be interrupted, the non-contestation report would be drawn up for the balance due at the time of the latest instalment paid;
  • Contest the debt: the contestation shall absolutely be motivated, and you shall absolutely use the answer form attached to the demand. Indeed, in the framework of this procedure, a mere e-mail or telephone call cannot be legally taken into account.
    Your contestation stops the procedure. Indeed, one of the conditions of this procedure is that the claim is not contested.
    However, it is important to bear in mind that nothing prevents your creditor from initiating a new summons procedure with the costs that that entails. You shall therefore remain cautious.

Contact

S.C.-S.P.R.L. Alain Bordet
Judicial Officers

Quai des Ardennes 118-119,
4031 Angleur – Liège
info@etudebordet.com

Legal notices

Company Number : 0478.382.719
VAT Number : BE 0478382719
Reg. Civ. Comp. Liège : n° 1415

IBAN / BIC:
BE58 0689 0930 2679
GKCCBEBB

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