Taking someone to court — step by step
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Going to court takes time and money. First send a formal notice: a letter giving the debtor a last deadline. If that fails, try mediation with an accredited mediator (art. 1723/1 ff. Judicial Code) or ask the court to call the parties for conciliation (art. 731 Judicial Code). An agreement can become as enforceable as a judgment.
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The kind of court (subject-matter jurisdiction) depends on the subject and the amount. The justice of the peace hears claims up to €5,000 (art. 590 Judicial Code) and, whatever the amount, leases (art. 591). Between businesses it is the enterprise court (art. 573), for employment the labour court (art. 578), otherwise the court of first instance (art. 568).
Then the place (territorial jurisdiction). As a rule it is the court of the defendant’s domicile, or that of the place where the obligation arose or is to be performed (art. 624 Judicial Code). For some cases the law sets a single place. The justice of the peace sits per canton.
Where you can bring the case
- At the court of the defendant's domicile (or one of the defendants'). (art. 624, 1° Judicial Code)
- At the court of the place where the obligation arose or is to be performed, e.g. where goods were delivered or work was done. (art. 624, 2° Judicial Code)
- At the court of the domicile chosen in the contract for its performance. (art. 624, 3° Judicial Code)
- Against a consumer, a business can as a rule only go to the court of the consumer's domicile; a contract clause saying otherwise does not apply. (art. 624, 628 Judicial Code)check
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The language depends on where the court sits: Dutch in Flanders, French in Wallonia, German in the German-speaking area (Law of 15 June 1935). In Brussels: if the defendant lives in the Dutch or the French language area, that language; otherwise you choose between Dutch and French (art. 4). A document in the wrong language is void (art. 40).
Enter an address in step 3 to see the language.
A case usually starts with a summons: a document a bailiff serves on the defendant (art. 700 Judicial Code). At least 8 days must pass between service and the introductory hearing, the summons period (art. 707). Where the law allows it, a contradictory petition filed at the registry will do (art. 1034bis ff.). If both parties come before the court together, a voluntary appearance is enough (art. 706).
In this kind of case you start, as a rule, with a summons.
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Whoever starts the case pays the bailiff up front. Since 1 February 2019 the registration fee is as a rule collected after the final decision from the party ordered to pay the costs. The losing party in principle bears the costs (art. 1017 Judicial Code), including the procedural indemnity, a flat contribution to the winner’s lawyer’s fees (art. 1022). On a low income you may be entitled to a free or cheaper lawyer (second-line legal aid, art. 508/1 ff.) and to an exemption from costs (legal assistance, art. 664 ff.).
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After the judgment, the winner usually has it served by a bailiff. From that service, one month runs for an appeal (art. 1051 Judicial Code) and for an opposition to a default judgment (art. 1048). A judgment is as a rule provisionally enforceable (art. 1397): if the loser does not pay, the bailiff can seize assets (art. 1494 ff.).
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General rules of the Belgian Judicial Code: exceptions exist. What is marked "check" is best confirmed with a lawyer, the court registry or a justice house.