I. Scope
This procedure applies to all liquid and enforceable debts incurred by one company towards another company that are uncontested. There is no limit on the amount imposed by the Judicial Code.
II. Procedure
A creditor who wishes to initiate extrajudicial debt collection proceedings must engage the services of a bailiff.
- The bailiff serves a demand for payment on the debtor.
- The debtor has one month to respond:
- either they comply and pay the debt in full, in which case the proceedings are terminated;
- either they do not respond: the failure to contest is recorded in a statement of non-contestation;
- or they formally contest the debt: the procedure ends and the creditor must resort to legal proceedings to recover the amounts allegedly owed;
- or they request payment facilities:
- if these are refused, the debtor may fall back on one of the other options;
- if these are granted: the procedure is suspended. If the debtor fails to comply with the amicable payment plan, the procedure may, where applicable, be resumed by the creditor.
In the event of non-compliance with the plan, the debtor may therefore still contest the claim, which will have the disadvantage for the creditor that they will then find themselves without an enforceable title and will have no alternative but to initiate legal proceedings for recovery.
- The statement of no objection shall, at the request of the bailiff, be made enforceable by a magistrate of the Management and Supervisory Committee of the Central Register of Seizure Notices.
III. Effects
The uncontested statement shall be given enforceable status and may be enforced like any other enforceable document.
