National Chamber of
Pre-judicial (‘amicable’) collection by the judicial officer
Pre-judicial debt collection has always formed part of the judicial officer’s instructions. This is a task that one could label as ‘natural’, given the social and economic role that the judicial officer plays within our society.
Even so, he does not have a monopoly over these cases. Lawyers and collection agencies may also carry out pre-legal debt collection.
What does this form of collection entail exactly? It involves formally reminding the debtor of his payment obligation and demanding that he make payment within a stipulated period, failing which the creditor may decide to issue summons.
This reminder takes the form of a notice of default (generally referred to as a ‘demand’) and is a last attempt to amicably obtain payment of an outstanding debt.
Such a debt may, for instance, include rental arrears, an invoice for water, gas, electricity, unpaid health care services, a consumer item for which the purchase invoice has not been paid, etc.
Turning to a judicial officer on this level, however, offers added value. On the one hand, the judicial officer is able to advise the creditor accurately on the solvency of his debtor, on the actual prospects for collection, and whether or not it would be worthwhile to proceed with legal action if the pre-judicial phase proves unsuccessful, because of his knowledge of the surrounding social and economic environment. On the other hand, he offers the creditor further services if the dispute is brought before court, because he is the mandatory partner for issuing summons, serving the judgment that is handed down and any enforcement thereof.
When the debtor is a consumer, however, pre-judicial collections follow a special procedure. After all, since the Belgian Act of 20 December 2002, as amended by the Economic Recovery Act of 27 March 2009, judicial officers – just like lawyers and collection agencies – must observe specific obligations with regard to collection fees, the information that must be included in the notice of default and even the conditions for making a home visit.
The protection of the consumer was increased. It should be noted that no costs, other than those agreed to in the underlying contract, may be imposed in this case against the debtor for breach of the contractual terms and conditions (Article 5 of the Belgian Act of 20 December 2002).
