Lawyer’ signature to prevent prescription

Our Belgian law knows different prescription periods under which a creditor may lose the right to recover his debt against his debtor.

Until recently, a lawyer could only prevent prescription (i.e. interrupt it) by giving instruction to his bailiff to summon, giving an order to pay or seize.

On 1st July 2013, a new act was published in the Belgian Gazette giving an additional (and easier) way for the lawyer to interrupt the upcoming prescription, i.e. sending a formal notice.

The act sets up formal conditions to which the formal notice must satisfy and restricts the interruption of the prescription to one year maximum.

The lawyer is now better armed to impede your claim to be prescribed. Contact must still be taken with him on time.

If you need more information, please contact Jonas DERYCKERE