Small claims - Belgium
TABLE OF CONTENTS
1 Existence of a specific small claims procedure
There is no specific procedure for small claims under Belgian legislation. There is only something like ‘summary proceedings to order payment’. See separate file.
There is no specific procedure for small claims. Use is made of the ordinary law procedure, which is, however, very simple.
The normal procedure is outlined below:
- summons by means of a bailiff’s notification
- exchange of written arguments, findings stated
- date of the hearing (counsel’s plea) and conclusion of the debates
In principle, there are no simplifications, although some actions are not brought by way of a writ of summons but rather by an inter partes application. An example of a dispute involving an inter partes application is a dispute regarding rent. Section 1344a of the Judicial Code (Gerechtelijk Wetboek) stipulates that, subject to the provisions of the lease, any action relating to the rental of property can be brought by way of a written application, filed with the registry of the civil magistrate.
1.1 Scope of procedure, threshold------
1.2 Application of procedure-------
1.5 Rules concerning the taking of evidence
1.6 Written procedure
1.7 Content of judgment
1.8 Reimbursement of costs------
1.9 Possibility to appeal-----
The legislation relating to summary proceedings to order payment: Website Federal Public Service for Justice:
- Click on ‘Consolidated legislation’ under the heading ‘Sources of law’
- Select ‘Judicial Code’ under the heading ‘Legal nature’
- Type ‘664’ under the heading ‘words’
- Click ‘Retrieve’ and then ‘List’.
- Click ‘Detail’.
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Last update: 26/08/2014