Formal demand for payment under Belgian law
Formal demand for payment under Belgian law: deadline, late-payment interest, flat-rate compensation and registered mail. B2B or consumer. Free template.
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A formal demand requires a debtor to pay. It records the delay and sets a final deadline. It then opens the way to late-payment interest, flat-rate compensation and, failing payment, court action.
Without a written demand, a Belgian court rarely treats the debtor as in default. Moreover, your lawyer or bailiff will always ask for this document.
Business debtor or consumer: two regimes
Between businesses, the Act of 2 August 2002 on late payment applies. It allows interest at the statutory rate. It also grants flat-rate compensation for recovery costs, without proof.
For consumers, the Act of 4 May 2023 on amicable debt recovery sets stricter rules. First, you must send a free reminder. Next, no cost may apply before the legal period after that reminder ends. Finally, caps by bracket limit any compensation.
So always send a private individual a free reminder before any formal demand. Otherwise, a premature letter can cost you every recovery fee.
What makes a formal demand work
A useful letter carries a date and names creditor and debtor precisely. It states the principal and cites the documents: invoice, due date, order form or contract. It also sets a clear deadline. Between businesses, fifteen days remains customary.
Finally, it announces what happens next, without excessive threats. Interest, compensation, handing the file to a lawyer or bailiff: that announcement triggers most payments.
Registered mail or ordinary post?
Registered mail with acknowledgement of receipt proves the date of the formal demand. Late-payment interest runs from that date.
However, send an email as well. The registered letter often waits at the post office, while the email reaches the debtor the same day. Proof comes from the registered letter, results from the email.
No reply to your formal demand?
It depends on the amount and the debtor. Between businesses, a bailiff can start the procedure for undisputed claims. Otherwise, a petition or summons goes before the justice of the peace or the enterprise court. Your formal demand then becomes the first document in the file.
Your formal demand in a few minutes
Fill in your details in the form: debtor, invoice, amount and deadline. The generator drafts the letter straight away. A free account lets you read it in full. Then adjust the text and export it to Word or PDF.
Before sending, check whether the debtor is a business or a consumer, since the rules differ. Also keep a copy of the formal demand and the postal receipt. They form the first documents of any later recovery file.
Frequently asked questions
What deadline should a formal demand give?
Between businesses, fifteen calendar days is customary and reasonable. For a consumer, a minimum legal period runs from the free reminder before any cost may apply.
Can I claim interest and compensation?
Between businesses, yes: interest at the statutory rate for commercial transactions and flat-rate compensation for recovery costs. For a consumer, only within the limits and after the periods of the Act of 4 May 2023.
Do I need a lawyer to send a formal demand?
No. Anyone can put their debtor on notice. A lawyer or bailiff only becomes necessary if the debtor stays silent and you want an enforceable title.
What if the debtor ignores it?
Depending on the amount and the debtor: recovery of undisputed claims through a bailiff between businesses, or a petition or summons before the justice of the peace or the enterprise court.
This template is informative and automatically generated; it is not legal advice and does not replace a lawyer's opinion on your particular situation.