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What means do I have to force an unwilling debtor to pay? Does it always have to be enforced in court?

Collecting money. That is the literal meaning of debt collection and it makes this legal domain vital for every entrepreneur. If your services or goods are not paid for voluntarily, you should contact us as soon as possible to arrange collection. Incidentally, the advantage is that the costs for this collection are, in principle, borne by the debtor. The collection procedure starts with a notice of default notifying the debtor that failure to pay within the agreed period will result in considerable additional costs.

If no payment follows, Adlex advocaten & bemiddelaars will commence legal proceedings. We take two paths here:

  1. The IOS (invordering van onbetwiste schuldvorderingen) procedure (recovery of undisputed debts) ensures that we can obtain an enforceable title without having to appear in court.
  2. If there is a hint of a dispute, we will issue a summons and the case will be brought before the competent court.  Prejudgment attachment, enforcement attachment, garnishment, direct action, etc. Numerous instruments can be used to force the unwilling debtor to pay.

Whatever the situation, this wise advice always applies: do not wait too long to collect your outstanding invoices and get assistance. Adlex advocaten & bemiddelaars can call on a network of bailiffs throughout the country for the execution of the enforceable title or the judgment.


Jan Verlinden (1969, Genk) has been a partner at Adlex advocaten & bemiddelaars since 1994. He mainly deals with files relating to contracting law, real ...