Enforcement Proceedings and Writs of Execution in Belgium: Nuances and Specifics

Belgium operates a civil-law enforcement system where a creditor holding a valid execution title can compel payment or asset transfer through a structured judicial and administrative process. The process is governed primarily by the Judicial Code (Code judiciaire / Gerechtelijk Wetboek), with enforcement measures ranging from wage garnishment to immovable property seizure. International businesses frequently underestimate the procedural complexity and the role of the bailiff (huissier de justice / gerechtsdeurwaarder) as the central actor in Belgian enforcement. This article maps the full enforcement landscape - from obtaining an execution title to realising assets - and identifies the practical risks that determine whether a creditor recovers value or loses time and money.

An execution title (titre exécutoire / uitvoerbare titel) is the legal prerequisite for any enforcement action in Belgium. Without one, no bailiff can act and no court will authorise seizure. Belgian law recognises several categories of execution titles under Article 19 of the Judicial Code and related provisions.

The most common title is a court judgment bearing the formula exécutoire (executory formula), which the court clerk affixes after the judgment becomes enforceable. A notarial deed (acte notarié / notariële akte) executed before a Belgian notary also constitutes a direct execution title, which is particularly relevant in real estate financing and loan agreements. Arbitral awards rendered in Belgium and declared enforceable by the competent court of first instance equally qualify. Administrative decisions of certain public bodies carry enforcement force in specific circumstances defined by sector-specific legislation.

A common mistake among international clients is assuming that a foreign judgment automatically becomes enforceable in Belgium. A foreign judgment requires a separate exequatur procedure before the Belgian courts, or - where applicable - recognition under EU Regulation 1215/2012 (Brussels I Recast), which allows direct enforcement of EU judgments without exequatur for proceedings commenced after January 2015. The distinction between these two pathways has significant procedural consequences: the Brussels I Recast route is faster and less costly, while the exequatur route for non-EU judgments can add months to the timeline.

Once the execution title is obtained, it must be served on the debtor by a bailiff before enforcement measures begin. This service is not a formality - it triggers the debtor's right to oppose enforcement and starts certain limitation periods. Skipping or defectively completing service is one of the most frequent procedural errors that causes enforcement to be suspended or annulled by the enforcement judge (juge des saisies / beslagrechter).

The bailiff (huissier de justice / gerechtsdeurwaarder) holds a quasi-monopoly over enforcement acts in Belgium. Appointed by Royal Decree and regulated under the Law of 25 Ventôse Year XI as modernised by subsequent reforms, the bailiff serves documents, executes seizures, organises public sales and drafts official reports (procès-verbaux / processen-verbaal) that carry evidentiary weight. No creditor can bypass the bailiff to execute a judgment directly.

The enforcement judge (juge des saisies / beslagrechter) supervises enforcement proceedings. This specialised judge, sitting within the court of first instance, has jurisdiction to authorise provisional seizures, resolve disputes between creditors and debtors during enforcement, lift or confirm attachments and approve the distribution of proceeds. The enforcement judge does not re-examine the merits of the underlying claim - that function belongs to the trial court. The enforcement judge's role is strictly procedural and supervisory.

In practice, the creditor instructs the bailiff, who then acts within the framework set by the enforcement judge where judicial authorisation is required. For certain measures - notably the saisie conservatoire (conservatory attachment / bewarend beslag) - the creditor must first obtain authorisation from the enforcement judge before the bailiff can act. For others, such as executing a judgment already in hand, the bailiff can proceed directly after service.

A non-obvious risk is that Belgian bailiffs operate within territorial districts. A creditor with assets spread across multiple Belgian provinces may need to coordinate with multiple bailiffs or rely on one bailiff who formally delegates to colleagues in other districts. This adds coordination cost and time, particularly when the debtor holds bank accounts in Brussels and immovable property in Ghent simultaneously.

To receive a checklist on obtaining and serving execution titles in Belgium, send a request to info@vlolawfirm.com.

Belgian enforcement law offers a range of measures, each suited to different asset classes and risk profiles. Choosing the wrong measure wastes time and may alert the debtor to move assets.

Garnishment of bank accounts (saisie-arrêt / beslag onder derden) is the most frequently used tool. The bailiff serves a garnishment notice on the debtor's bank, which is then obliged to freeze funds up to the claimed amount. Under Article 1445 of the Judicial Code, the bank must declare the amounts held within fifteen days. Belgian law provides a protected minimum balance (montant insaisissable / niet-vatbaar bedrag) that cannot be seized, currently linked to the social integration income threshold. Creditors who fail to account for this protection find their garnishment partially ineffective.

Wage garnishment (saisie sur rémunération / beslag op loon) is subject to strict statutory limits under the Law of 12 April 1965 on the protection of remuneration. Only a fraction of salary above defined thresholds is attachable, and the employer becomes a third-party garnishee with reporting obligations. This measure is slower than bank garnishment but more reliable for debtors with limited liquid assets.

Seizure of movable assets (saisie-exécution mobilière / uitvoerend beslag op roerende goederen) allows the bailiff to inventory and subsequently sell the debtor's movable property at public auction. The procedure involves an inventory visit, a waiting period of at least one month before sale, and a public auction organised by the bailiff. The realised value at auction is typically below market value, so this measure is economically viable only when the debtor holds valuable equipment, vehicles or inventory.

Seizure of immovable property (saisie immobilière / uitvoerend beslag op onroerend goed) is the most powerful but also the most complex measure. Governed by Articles 1560 to 1626 of the Judicial Code, it involves transcription of the seizure at the mortgage registry, notification to all known creditors, a mandatory conciliation phase and ultimately a judicial sale. The entire process from seizure to sale can take twelve to twenty-four months. Costs are substantial and are advanced by the seizing creditor, though they rank ahead of the debtor's unsecured creditors in distribution.

Conservatory attachment (saisie conservatoire / bewarend beslag) is a provisional measure available before a judgment is obtained, provided the creditor can demonstrate urgency and the apparent existence of a debt. It freezes assets without transferring them, preventing the debtor from dissipating property while litigation proceeds. Authorisation from the enforcement judge is required, and the creditor must commence substantive proceedings within one month of the attachment or the measure lapses.

Belgian enforcement is not fast by international standards. A creditor who obtains a judgment and immediately instructs a bailiff should plan for the following approximate sequence.

Service of the execution title on the debtor typically takes three to seven working days from instruction. The debtor then has one month to voluntarily comply before the bailiff proceeds with coercive measures. Bank garnishment, once authorised, produces a freeze within one to three working days of service on the bank. The bank's declaration of held funds follows within fifteen days. Distribution of garnished funds to the creditor, after any opposition period, typically occurs within two to four months of the initial garnishment.

Wage garnishment proceedings before the labour court (tribunal du travail / arbeidsrechtbank) to fix the attachable portion add a further two to four months before regular payments begin flowing to the creditor. Immovable property seizure, as noted, extends to twelve to twenty-four months in contested cases.

Costs consist of several layers. Bailiff fees are regulated by Royal Decree and vary by act type and amount involved. They are generally recoverable from the debtor as enforcement costs, but the creditor must advance them. Legal fees for instructing a lawyer to supervise enforcement, handle oppositions and appear before the enforcement judge usually start from the low thousands of euros for straightforward matters and rise significantly for contested or multi-asset proceedings. Court fees for applications to the enforcement judge are modest but add up across multiple hearings. State registration duties apply to the transcription of immovable property seizures and are calculated as a percentage of the claimed amount.

A common mistake is underestimating the advance cost burden. Creditors with claims below EUR 10,000 to 15,000 should carefully assess whether the enforcement economics justify the procedural investment, particularly if the debtor's assets are uncertain or encumbered.

To receive a checklist on enforcement cost planning and asset tracing in Belgium, send a request to info@vlolawfirm.com.

Scenario one: a foreign supplier with an unpaid invoice of EUR 80,000. The supplier holds a Belgian court judgment obtained after summary proceedings (procédure en référé / kortgeding). The debtor is a Belgian SME with a known bank account and leased premises. The optimal strategy is immediate bank garnishment combined with garnishment of any receivables the debtor holds from its own customers. The bailiff serves both simultaneously, maximising the freeze before the debtor can react. If the bank garnishment yields insufficient funds, the creditor can escalate to seizure of the debtor's business equipment. Total enforcement timeline in this scenario: three to six months to recovery if the debtor does not oppose.

Scenario two: a creditor with a claim of EUR 500,000 against a Belgian real estate developer. The developer holds several registered properties but is in financial difficulty. The creditor must act before insolvency proceedings are opened, because once a Belgian court opens judicial reorganisation (réorganisation judiciaire / gerechtelijke reorganisatie) under the Law of 31 January 2009, a moratorium on enforcement automatically applies and individual creditors lose the right to proceed. The creditor should immediately apply for conservatory attachment of the immovable assets, then convert to executory seizure once a judgment is in hand. Speed is critical: a delay of even a few weeks can result in the creditor being frozen out by insolvency proceedings.

Scenario three: a creditor seeking to enforce a wage claim against a former director. The director receives a salary from a Belgian company and holds a personal bank account. Wage garnishment is limited by statutory thresholds, so the creditor should combine it with bank garnishment to capture any bonuses or irregular payments that fall outside the protected salary portion. The creditor should also check whether the director holds shares in Belgian companies, which can be seized under the movable seizure procedure. This multi-track approach requires close coordination between the instructing lawyer and the bailiff.

The choice between conservatory and executory measures is not always obvious. Conservatory attachment is faster to obtain but does not produce payment - it only freezes. Executory seizure produces payment but requires an execution title. A creditor without a judgment who faces a debtor about to dissipate assets should use conservatory attachment immediately, then pursue the substantive claim in parallel. A creditor who already holds a judgment should proceed directly to executory measures, skipping the conservatory phase entirely.

Many international creditors underappreciate the importance of asset tracing before instructing the bailiff. Belgian bailiffs can serve garnishments on banks, but they do not conduct independent asset investigations. The creditor must identify the debtor's bank, employer and property holdings in advance. Belgian commercial court registries, the Crossroads Bank for Enterprises (Banque-Carrefour des Entreprises / Kruispuntbank van Ondernemingen) and the mortgage registry (Conservation des hypothèques / Hypotheekkantoor) are publicly accessible sources that a lawyer can consult to build an asset picture before enforcement begins.

Belgian law gives debtors meaningful procedural rights to challenge enforcement. Understanding these rights helps creditors anticipate delays and prepare responses.

The debtor can file an opposition (opposition / verzet) against a default judgment within one month of service, which suspends enforcement of that judgment pending re-examination of the merits. This is one of the most disruptive tools available to a debtor who was not present at trial. A creditor who obtained a default judgment should be prepared for this risk and, where possible, should have served the original proceedings in a manner that minimises the debtor's ability to claim non-receipt.

The debtor can also apply to the enforcement judge to lift or reduce a seizure on grounds of disproportion, procedural irregularity or changed circumstances. Belgian courts apply the principle of proportionality (proportionaliteitsbeginsel) actively: a seizure that freezes assets far exceeding the claimed amount may be partially lifted. Creditors should therefore calibrate their garnishments carefully, targeting amounts that cover the claim plus realistic enforcement costs without appearing abusive.

A third avenue for debtors is the application for a payment plan (plan de paiement / betalingsplan) before the enforcement judge. The judge has discretion to grant a temporary suspension of enforcement while the debtor pays in instalments, provided the debtor demonstrates genuine financial difficulty and good faith. Creditors facing this scenario should present evidence of the debtor's prior payment failures and any asset dissipation to counter the application.

The risk of inaction is concrete: if a creditor obtains a judgment but delays enforcement for more than ten years, the execution title prescribes under Article 2262bis of the Civil Code (Code civil / Burgerlijk Wetboek) and loses its enforceability. Even within that period, a debtor who becomes insolvent renders individual enforcement impossible. Acting within the first three to six months after obtaining a judgment maximises recovery prospects.

A non-obvious risk arises in multi-creditor situations. Belgian enforcement law applies a priority system (concours / samenloop) when multiple creditors seize the same assets. Secured creditors (mortgage holders, pledge holders) rank ahead of unsecured creditors. Among unsecured creditors, the first to complete a valid seizure generally has priority over subsequent creditors for movable assets, while immovable property proceeds are distributed according to a statutory ranking. A creditor who delays enforcement may find that a competitor creditor has already seized the most valuable assets.

What happens if the debtor has no known assets in Belgium?

A creditor holding a Belgian execution title against a debtor with no identifiable Belgian assets faces a practical enforcement gap. The title itself remains valid and can be used if assets surface later. In the interim, the creditor can instruct a lawyer to conduct a systematic search of Belgian public registries - the Crossroads Bank for Enterprises, the mortgage registry and the vehicle registration database - to identify overlooked assets. If the debtor operates through Belgian corporate entities, the creditor may explore whether the corporate veil can be pierced under Belgian company law, specifically under the liability provisions of the Companies and Associations Code (Code des sociétés et des associations / Wetboek van vennootschappen en verenigingen). Where the debtor holds assets in other EU member states, the European Account Preservation Order (EAPO) under EU Regulation 655/2014 offers a cross-border bank garnishment tool that a Belgian court can issue.

How long does enforcement typically take, and what does it cost in practice?

Timeline and cost depend heavily on the asset type and whether the debtor opposes. Bank garnishment in an uncontested case can produce payment within two to four months of instructing the bailiff. Immovable property seizure in a contested case extends to twelve to twenty-four months. Legal fees for a straightforward bank garnishment typically start from the low thousands of euros; complex multi-asset or contested enforcement proceedings can reach the mid-to-high tens of thousands of euros in legal and bailiff costs combined. The creditor must advance these costs, though they are recoverable from the debtor as enforcement expenses if the debtor has sufficient assets. Creditors should conduct a cost-benefit analysis before proceeding, particularly for claims below EUR 20,000 where enforcement costs may consume a disproportionate share of the recovery.

Should a creditor pursue conservatory attachment before obtaining a judgment, or wait for the judgment?

The answer depends on the debtor's behaviour and asset profile. If the debtor is actively moving assets, reducing bank balances or transferring property, waiting for a judgment - which can take six to eighteen months in ordinary proceedings - risks leaving nothing to enforce against. In that scenario, conservatory attachment is the correct first step: it freezes assets immediately and preserves the creditor's position. The creditor must then commence substantive proceedings within one month of the attachment. If the debtor appears stable and the asset base is secure, waiting for a judgment before enforcing avoids the cost and procedural burden of the conservatory phase. The strategic choice requires an assessment of the debtor's financial trajectory, which is best made with current financial information and legal advice specific to the Belgian context.

Belgian enforcement law provides creditors with a comprehensive toolkit, but it rewards preparation and penalises delay. The system's procedural rigour - mandatory bailiff involvement, enforcement judge supervision, debtor opposition rights - means that creditors who enter without a clear asset picture and a sequenced strategy often spend more than they recover. Selecting the right enforcement measure for the right asset class, acting promptly after obtaining an execution title and anticipating debtor opposition are the three factors that most determine outcome.

To receive a checklist on enforcement strategy and debtor asset tracing in Belgium, send a request to info@vlolawfirm.com.

Our law firm VLO Law Firm has experience supporting clients in Belgium on debt recovery and commercial enforcement matters. We can assist with obtaining execution titles, instructing bailiffs, navigating enforcement judge proceedings and coordinating multi-asset seizure strategies. To receive a consultation, contact: info@vlolawfirm.com.