Debt Collection Agency Belgium: IOS Procedure & the 30-Day Fast Track
Debt Collection Agency Belgium: The IOS Procedure Changes Everything
Why Belgium Is Different
Belgium introduced something in 2016 that no other European country has replicated: the IOS procedure (Invordering van Onbetwiste Schuldvorderingen — recovery of undisputed debts). For undisputed B2B claims, this extrajudicial procedure produces an enforceable title in 30-45 days without a court hearing, without a judge, and at a fraction of litigation costs. It fundamentally changed the economics of commercial debt collection in Belgium.
Before IOS, Belgian creditors faced 6-12 months of court proceedings for straightforward payment claims. Now, a structured demand followed by a bailiff-issued payment order (with a one-month objection period) produces an enforceable title that carries the same legal weight as a court judgment. The debtor’s only escape: formally dispute the debt within the objection period.
How IOS Works
Step 1 — Lawyer’s demand. A Belgian advocate sends a formal summons (ingebrekestelling/mise en demeure) with a one-month payment deadline. The demand must include: claim details, interest calculation, the IOS legal basis (Book XX of the Code of Economic Law), and notice that non-payment will trigger the IOS procedure.
Step 2 — Bailiff summons. If no payment after one month, a bailiff (gerechtsdeurwaarder/huissier de justice) serves a formal payment order. The debtor has one month to pay or formally contest.
Step 3 — Enforceable title. No payment and no dispute? The bailiff issues a procès-verbal de non-contestation, which the court clerk certifies as an enforceable title. Total timeline: approximately 30-45 days from lawyer’s demand to enforceable title.
The Trilingual Dimension
Belgium operates in three languages: Dutch (Flanders), French (Wallonia), and German (Eupen-Malmedy). Court language depends on the debtor’s registered office location. A collection agency operating in Belgium must handle all three linguistic regions — demands, court filings, and bailiff communications must be in the correct language or face procedural nullity.
When IOS Doesn’t Apply
IOS only works for undisputed B2B debts. Consumer debts, disputed claims, and claims against insolvent companies require traditional court proceedings. For disputed commercial claims, the Commercial Court (Ondernemingsrechtbank/Tribunal de l’Entreprise) in the debtor’s judicial district handles litigation.
Key Parameters
Statute of limitations: 5 years for B2B commercial claims (Article 2262bis §1 Civil Code).
Interest: Statutory rate for commercial transactions: currently 10.50% (reviewed semi-annually by the Belgian government based on ECB rates).
Belgium’s IOS procedure gives creditors with undisputed B2B claims the fastest path to enforcement in Europe. The system rewards creditors who maintain clear documentation and act within the 5-year limitation period.
