Undisputed debts collection : entry into force and practical aspects

In October 2015, the so-called “Pot-Pourri I” law was adopted. One of the measures is related to the administrative procedure of debt collection regarding commercial matters. The Royal Decree of June 16 implements this procedure.

We have already addressed the matter of undisputed debts collection in our newsletter dated December 8, 2015 (see here).

The collection is entrusted to a bailiff, on request of the creditor’s lawyer. Only a lawyer can entrust the collection to a bailiff. This means a company cannot start this procedure on its own.

The Royal Decree provides for a template of response form which can be sent by the debtor responding to a summon. It also provides for a template of report of non-contestation to be drafted by the bailiff. The latter should be signed by a judge from the Committee of management and supervision of the Central register of notice of seizures in order to be enforceable.

The law also provides for the creation of a Central Register for debt recovery within the National Chamber of Bailiffs. It aims at recording a series of data which will allow to verify the smooth functioning of the recovery procedure, under the authority of the National Chamber of Bailiffs.

This procedure has entered into force since the end of June 2016.

If you wish to have more information on this subject, do not hesitate to contact M. Guillaume RUE (guillaume.rue@cairnlegal.be).

Best regards,

The Cairn Legal team.