Your right doesn’t disappear. Enforcement becomes more difficult.
A Belgian claim remains valid, even if your debtor moves abroad. You delivered, the debt exists, that doesn’t change because of a change of address.
What does change is enforcement. It follows the debtor. A Belgian bailiff cannot simply enforce measures abroad. If you want to actually recover your invoice, you will need to act locally, with local bailiffs, local courts, and often a local lawyer.
Binnen de EU: gestandaardiseerd, maar niet automatisch
Good news if your customer is based in another EU Member State: Europe has developed procedures that make cross-border debt recovery significantly easier.
The European Payment Order (Regulation 1896/2006) allows you to obtain an enforceable title for undisputed commercial claims, valid in all EU Member States except Denmark. One procedure, one decision, enforceable across borders.
The European Small Claims Procedure works in a similar way but is limited to amounts up to €5,000 (excluding interest and costs). Again, Denmark is excluded.
Here’s the nuance many businesses overlook: even with a European Payment Order or judgment in hand, enforcement is never automatic. You still need the competent authorities in the relevant country to take action, such as enforcing seizure. Within the EU, this is significantly simplified, but it still requires action.
Outside the EU
Has your customer moved to the US, the UK, or another non-EU country? Then things become even more complicated.
Belgian judgments are not automatically recognized outside the EU. In most cases, you will need a separate recognition or exequatur procedure in the debtor’s country before you can even begin enforcement. Timelines of more than a year are realistic, especially in case of dispute.
Add to that translation requirements, local legal fees, and additional procedures. For smaller amounts, the cost of recovery can quickly outweigh the claim itself.
The honest conclusion: legally, it is almost always possible, economically, it is not always worth it.
What does this mean in practice?
As soon as you suspect that a debtor is moving abroad, or has already done so, speed is crucial. The earlier you act, the greater your chances of still being able to rely on Belgian procedures or quickly activate European instruments.
If you wait too long, every step becomes more expensive and the outcome more uncertain.
Customer in Europe who doesn’t pay? Unpaid can help there too.
The IOS procedure only applies to Belgian companies. But that doesn’t mean you’re left empty-handed when dealing with a foreign customer.
Read more about how Unpaid can help you in these situations.