Letter from Collection Agency, Bailiff or Lawyer
If you fail to pay an invoice, the company may involve a collection agency, a bailiff, or a lawyer to recover the debt.
If you receive a letter from a debt collector claiming you have not paid, there are several important things to consider:
- Collection agencies must be registered with the FPS Economy in order to contact consumers. If they are not registered, they are not allowed to do so.
- Bailiffs and lawyers are not required to register with the FPS Economy, but they must be registered with their respective professional body. You can check whether a bailiff is registered on the website of the National Chamber of Bailiffs of Belgium. You can find a lawyer on the website of the Flemish Bar Association or on the website of the Francophone and Germanophone Bar Association.
- Before the debt can be recovered, you must first receive a free reminder if you did not paid on time. The company may only charge you damages (including interest and a fixed maximum amount) for late payment after a minimum waiting period of 14 calendar days.
- After the first reminder, you should always receive a formal notice of default before any further action is taken. During a period of at least 14 calendar days, the collection agency, bailiff, or attorney may not send you another reminder or contact you by phone.
- The notice of default should include several details, such as the procedure to follow if you dispute the debt and the option for payment facilities if you are unable to pay the full amount at once.
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