Collection agency Belgium: collecting your invoice from Belgian debtors

What makes debt collection in Belgium different from the Netherlands?

Debt collection in Belgium differs from Dutch practice in four fundamental ways. Anyone unaware of these differences risks issuing legally worthless payment demands, missing out on claims, and incurring unnecessary costs.

1. Different legislation for consumer debts
   While the Netherlands uses the Wet Incassokosten (WIK), Belgium follows the Act of May 4, 2023, concerning the amicable recovery of consumer debts. This act is incorporated into Book XIX of the Code of Economic Law and contains stricter obligations than the Dutch WIK.
   
   
2. Mandatory recognition
   A collection agency may only perform amicable recovery in Belgium if it is recognized by the FPS Economy (FOD Economie). Unrecognized parties cannot send legally valid payment demands, meaning their payment requests have no legal value.
   
   
3. Three official national languages
   Belgium has three national languages. In Flanders, Dutch is the official language; in Wallonia, French; and in Ostbelgien (the German-speaking Community), German. A payment demand sent in the wrong language can be legally contested.
   
   
4. Longer limitation periods
   Business claims in Belgium generally expire after 10 years (Article 2262bis of the Civil Code), compared to 5 years in the Netherlands. For Dutch entrepreneurs, this means that older Belgian invoices are often still collectable when one might assume they have already expired.

Comparison table: Netherlands versus Belgium:

What you need to know about Belgian collection legislation

The Act of May 4, 2023

The Act of May 4, 2023, is the most significant Belgian legislative change for debt collection of the past decade. The law has been in force since September 1, 2023, and sets four core requirements for anyone wishing to collect a consumer debt:

• The first payment reminder is mandatory and free of charge. No costs, late interest, or penalty clauses may be charged.
• A mandatory waiting period of 14 calendar days between the first free reminder and a second demand where costs may be charged.
• Cap on reminder fees: a maximum of €7.50 per reminder, plus actual postage costs for registered mail.
• Mandatory content in the reminder: identity of the creditor, principal amount, justification of the debt, payment term, contact details, and a reference to extrajudicial dispute resolution.

Violation leads to the forfeiture of the right to collection costs and administrative fines imposed by the FPS Economy (FOD Economie).

These consumer rules do not apply to business debts (B2B). For those, the Act of August 2, 2002, concerning the fight against payment arrears in commercial transactions determines the framework. Therefore, Dutch entrepreneurs supplying to Belgian companies can operate more directly in most cases.

Recognition by the FPS Economy

Any company performing amicable debt recovery in Belgium on behalf of third parties must register with the FPS Economy. The recognition is publicly available in a register at economie.fgov.be.

Incasso.nl works exclusively with recognized Belgian partners. For you as a client, this is a crucial check: an unrecognized agency risks fines, and your claim becomes legally unusable. Ask every party you consider for their recognition number and verify it in the public register.

Limitation periods in Belgium

Dutch entrepreneurs often think that invoices in Belgium expire faster than is actually the case. The standard terms are:

• Business invoices (B2B): 10 years based on Article 2262bis of the Civil Code.
• Consumer invoices (B2C): usually 5 to 10 years, depending on the nature of the claim.
• Periodic payments such as rent, energy, and telecom: 5 years.

The limitation period can be interrupted by a registered notice of default. This is an essential legal instrument that we standardly deploy when a claim nears the end of its limitation period.

How debt collection in Belgium works step by step

Amicable collection (extrajudicial)

The amicable phase is intended to obtain payment without court intervention. At Incasso.nl, the vast majority of Belgian files are resolved during this phase — faster, cheaper, and with less damage to the business relationship.

1. File intake and analysis. You submit your invoice via the Incasso.nl app. We verify the Belgian debtor's details, correct addressing, and the applicable language regulations.
2. Free first reminder for B2C claims. Sent in the correct language and including all legally required information.
3. 14-day waiting period in accordance with the Act of May 4, 2023.
4. Demand for payment with notice of default. Sent by registered mail and email, in Dutch (Flanders), French (Wallonia and parts of Brussels), or German (Ostbelgien).
5. Telephone contact by our local specialist. A personal approach significantly increases the willingness to pay.
6. Payment plan where appropriate. Realistic agreements that your debtor can actually fulfill.
7. Payment or escalation decision. If payment remains outstanding, we will advise you on legal steps.

Judicial collection

If the amicable process does not lead to payment, a judicial procedure is the next step. In Belgium, this proceeds as follows:

1. Jurisdiction determination. Which court has jurisdiction? Usually the court in the jurisdiction of your Belgian debtor, unless your general terms and conditions contain a forum choice for the Dutch court.
2. Summons (dagvaarding) by a Belgian bailiff.
3. Proceedings in the competent court: the Business Court (Ondernemingsrechtbank) for B2B disputes, the Justice of the Peace (Vredegerecht) for smaller consumer cases, or in specific cases, the Labor Court (Arbeidsrechtbank), which does not exist in the Netherlands.
4. Judgment and service (betekening) by the bailiff.
5. Execution: attachment of wages, bank accounts, or movable property. If the debtor is absent during the attachment, the procedure continues in writing — the attachment remains legally valid.

What does debt collection in Belgium cost?

For foreign collection trajectories, we always work with a fixed amount per file. The amount varies per country group and is intended as compensation for the more intensive handling of a collection file abroad. More information about the file fee can be found in the Incasso.nl app.

For the judicial phase, an hourly rate or fixed fee applies, depending on the complexity. Our specialist will always discuss this with you in advance so that you are never faced with surprises.

Frequently asked questions about debt collection in Belgium

Below you will find answers to some frequently asked questions about debt collection in Belgium.

When am I allowed to engage a collection agency in Belgium?

For business debtors, you may engage a collection agency immediately after the payment term has expired. For consumers, you must first send a free first reminder yourself and wait 14 calendar days before you may charge reminder fees or start a collection agency process with cost allocation to the debtor.

Does a collection agency in Belgium need to be recognized?

Yes. Since September 2023, recognition by the FPS Economy (FOD Economie) is mandatory for all parties collecting invoices on behalf of another party. Without this recognition, the claim is legally worthless and you risk administrative fines. Incasso.nl works with reliable partners who comply with all rules to be allowed to handle collection cases in Belgium.

What does a collection trajectory in Belgium cost?

At incasso.nl, you pay a fixed amount in file fees for all foreign collection trajectories. This amount covers the costs of collecting your claim in Belgium. In addition, you pay a certain percentage in commission on the collected amounts. Naturally, this is clearly communicated to you in advance.

Upon success, collection costs are recovered from the debtor as much as possible, in accordance with the law (B2C) or your general terms and conditions (B2B). A judicial phase has separate rates that are discussed beforehand.

In which language must my payment demand be?

Dutch in Flanders, French in Wallonia and in French-speaking parts of Brussels, and German in Ostbelgien. Payment demands in the wrong language can be legally contested and may delay or even invalidate the procedure.

What is the difference between debt collection in the Netherlands and Belgium?

In four main points: different legislation for consumer debts, mandatory recognition by the FPS Economy, multilingualism, and longer limitation periods (generally 10 years in Belgium versus 5 years in the Netherlands for business invoices).

How long does a collection procedure in Belgium take?

The amicable trajectory takes an average of 2 to 6 weeks. The judicial procedure varies from approximately 3 months for undisputed cases to 12 months or more for disputed cases with counter-evidence.

Can I also collect my Belgian claim via a Dutch court?

Only if your general terms and conditions contain an explicit forum choice for the Dutch court and the debtor has accepted those terms. Without a forum choice, the general rule applies: the court in the debtor's country has jurisdiction. We advise you to standardly include forum choice clauses in your general terms and conditions if you trade abroad.

What happens if my Belgian debtor refuses to pay after all payment demands?

In case of refusal or silence, we advise on a judicial procedure. Our Belgian partners prepare the summons via a local bailiff and guide the entire process through to judgment and execution. You will receive concrete advice on the chances of success and expected duration before you decide.

Can incasso.nl also collect claims against Belgian private individuals?

Yes. Our approach fully complies with the Act of May 4, 2023, which specifically applies to consumer debts. This means a free first reminder, a 14-day waiting period, and correct calculation of costs.

Does incasso.nl work throughout Belgium or only in Flanders?

Throughout the whole of Belgium: Flanders, Wallonia, Brussels, and Ostbelgien. We have partners who can operate legally correctly in every national language and in every region.