Did you receive a letter or email?
Did you receive a letter, email, text message or other document from us? Or did you receive a visit from a judicial officer?
In that case, we would ask you to cooperate.
The sooner you get back to us, the better we can help you to avoid unnecessary expenses or more drastic measures.
So, immediately do what we expect from you or contact us so that we can:
- Inform you: why did I receive a letter or document?
- Advise you: what can I do, who can help me?
- Assist you: in finding a solution together with us
- Support you: give us an indication of what we can do for you
Amicable settlement procedure: you received a letter but the judicial officer did not call to you yet
You received a letter, email or text message from us to remind you of an outstanding debt. At the request of our principal, we initiated an amicable settlement procedure that offers you the chance to respond before more drastic measures are taken.
Go to your online file and pay directly, propose a payment plan or ask for further details.
Please note that if you do not revert to us by the specified deadline, another procedure may be initiated against you. In that case, you run the risk of incurring new and additional costs on top of your current liability.
Next steps:
- The judicial officer calls to your door to warn you that an RUD has been initiated against you.
- The judicial officer stops by to warn you that legal proceedings have been initiated against you.
RUD procedure: the judicial officer dropped by with a Demand for Payment (procedure “Recovery of undisputed monetary debts)
- You received a demand for payment (art. 1394/21 Jud. C.)
The judicial officer called to your door in person to warn you that an RUD procedure (Recovery of Undisputed monetary Debts) was initiated against you or your company. This is because you either ignored or didn’t provide a (suitable) response to an earlier attempt to settle your file in an amicable manner.You now have 1 month as of the date at which this demand for payment was served to get back to us.
Go to your online file to pay directly, propose a payment plan or to substantiate your objection.
Please note that if you fail to do so in good time, a magistrate will automatically issue us with an enforceable title allowing us to institute legal recovery proceedings. On the basis of that title you can be forced to pay up anyway via drastic measures such a seizure of your goods or funds via a garnishment order.
Beware: every subsequent procedural step will lead to higher costs which you will have to pay on top of your current liability.
Next step:
- Judicial enforcement proceedings are initiated if you do not take (appropriate) action now
- If you contest the claim, legal proceedings may be filed
The case goes to court: the judicial officer called round with a summons.
You received a summons
The judicial officer dropped by with a summons to appear in court. The summons states where, when and why you have to appear in court.
- Keen to avoid ending up in court?
In that case you will need to clear your debt in its entirety. Contact us immediately so that we can check whether certain costs can still be cancelled.
- Planning on ignoring the summons and giving court a miss?
If so, please realise that the judge will rule in your absence and may wholly find in favour of the claimant. Should you decide to challenge the judgment afterwards you will have to take new legal steps and advance the costs associated therewith. Contact us for further information.
- Do you want the judge to hear your side of the story?
Then contact us for information about legal assistance or click here.
The judgment the court delivers is an enforceable title. If you do not spontaneously do what you are expected to, you can be forced to do so in the context of a judicial enforcement procedure meaning that we can force you to pay up anyway via drastic measures such as the seizure of your effects, your home or a wage garnishment.
Beware: every subsequent procedural step will lead to higher costs which you will have to pay on top of your current liability.
Next step: the judgment initiating the judicial enforcement procedure
Judicial enforcement procedures
The judicial officer called to your door to serve you with an enforceable title (e.g. a court judgment). This entails that you were officially notified of what a public officer has decided. Now you know what is expected of you.
If you don’t pay immediately, we can force you to do so via a seizure of your effects, home or a wage garnishment. These are drastic measures that come with significant costs attached which you will have to pay on top of the original amount.
In some cases you can still take certain legal steps (opposition or appeal) yourself if you do not agree with the judgment. Mind: that does not mean that we automatically have to stop the enforcement procedure. Pay now or contact us immediately so that we can avoid unnecessary costs and/or actions!
Next step: SEIZURE
The judicial officer called round to seize your effects, your home or your wages. This means that you can no longer dispose of them as you see fit. If you don’t settle your liability now, your belongings will be sold and the proceeds used to settle your debt. The proceeds of the sale of your assets or the wage garnishment are not automatically allocated to the file in respect of which the seizure was executed. After all, we also have to take your other creditors into account.
- SEIZURE OF YOUR EFFECTS (seizure of movables/common distraint)
The documents the judicial officer presented you with or left for your attention contains a list of the goods seized. If you don’t get back to us immediately we will call to you again to collect the goods and sell them on the date listed in the document. The proceeds of the sale will be used to pay your debts, in whole or in part.
Pay directly or contact us immediately so that we can come up with a solution together.
Next step: POSTING OF NOTICES
Mind! If your goods are sold and the proceeds do not suffice to pay your debts and the additional costs, other enforcement measures can be resorted to.
- ATTACHMENT OF EARNINGS (garnishment order)
Your employer will withhold part of your salary until such time as all your debts have been cleared. If your debt relates to outstanding maintenance or alimony, you may even find your entire salary withheld. Garnishment orders can also be executed at your bank or any other person who owes you money (for instance, your tenants).
- SEIZURE OF IMMOVABLE PROPERTY (forced sale of collaterals/foreclosure)
A notary will be appointed to sell your property by order of the court. Mind: in that scenario, chances are that your property will fetch less than it would if you were to sell it privately.
Contact us so that we can work out an arrangement.
The judicial officer called to you to notify you of a new date at which your seized belongings will be sold by auction. You will find the date on the document you were presented with in person or which was left in your letter box.
The reason why you may have been notified of a new sales date may be because:
- you are no longer adhering to the payment plan agreed upon
- a previous sale was cancelled because we received a partial payment from you at the last minute
- our principal instructed us to do so
If you had a payment plan, that plan is no longer valid now. Contact us for a new arrangement or settle your debt forthwith!
The judicial officer called with a yellow letter stating the date, time and place of the scheduled sale by auction. This is the final official warning to pay without delay.
If you fail to do so, your goods will be sold by auction. The auction room has been booked and a transport company has been contacted to load up the goods. At this stage, the only way to avoid your goods being loaded up and sold is to settle your debt immediately.
Next step: LOADING AND SALE
Any further questions?
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Contact
LOOFBLOMME GDW
Loofblommestraat 7, 9051 Gent
09 225 50 43