How does collecting an unpaid B2B invoice work in Belgium?

Since July 2016, the so-called Potpourri law has been in force. This new law has made it much easier to collect unpaid invoices between companies in Belgium. Unpaid was created shortly after this law came into force. We were one of the first to specialize in this new procedure. But how does this procedure work?

Without the intervention of a judge.

The most important change was to do away with the need to involve the courts. Companies do not have to go to court to claim their money. This means that the procedure is now much faster than before. Not only that, it has made the procedure a lot cheaper, too. Registration costs, register fees, legal fees and summons costs are no longer involved. You pay only an advance that is later reimbursed by the counterparty. You are also entitled to damages of maximum 10%.

Only for uncontested claims in Belgium against companies

You can only apply this new procedure to uncontested claims. However, if the counterparty contests the invoice, it is still possible to initiate court proceedings. It is therefore not true that companies can no longer seek recourse in the courts. The courts are simply relieved of handling the uncontested claims.

When a bankruptcy procedure has been started or when a company falls under the law on the continuity of companies (WCO), these rules do not apply.

Since it concerns a Belgian law, the Potpourri law only applies to claims against Belgian companies.

Recoveries from consumers are therefore not covered by these regulations.

The procedure

Send an uncontested invoice directly to Unpaid. Certain legal requirements will first need to be checked. For example, we check whether the invoice is not prescribed. As the submitter, you must declare that the invoice is in fact uncontested. You will also need to send your general conditions, invoice terms and payment reminders to Unpaid.

We then forward the file to a bailiff. The bailiff sends a formal reminder to the customer. From that point, the customer has a month to respond. A further eight days after this period has expired, the bailiff will draw up an official report. This official report has the same value as a decision of the court. The payment can therefore be claimed.

Unpaid is the specialist in uncontested claims between companies

Unpaid originated within the law firm De Groote De Man and is today a separate company. Our aim was to make this new procedure accessible to Belgian companies. This has now become a reality and we have assisted many satisfied customers. Through Unpaid, our customers are able to collect their unpaid invoices quickly, easily and cheaply.

We make optimal use of the legal framework. Plus, we created a platform that allows entrepreneurs to easily submit files. As a result, our innovative approach was rewarded with the Credit Management Innovation Award.

Do you, too, want to deal with unpaid invoices easily, cheaply and efficiently? Then submit your first files today.

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