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Last update: 23-05-2005
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Simplified and accelerated procedures - Belgium

 

Small claims procedure

1. Existence of a special procedure for Small Claims procedure

There is no specific procedure in Belgian law for small claims.

2. If the answer to question 1 is negative

There is no specific procedure for small claims. However, the ordinary law procedure is followed, and it is very simple.

The ordinary procedure, in outline, consists of the following:

  • summons by writ;
  • exchange of written arguments, and statement of pleadings;
  • day in court (pleading) and closure of proceedings;
  • judgment.

In principle there are no simplifications. Some claims are not made by summons, but by written application for an opposition statement (‘requête contradictoire’). One example of a dispute over an application for an opposing statement is leasing disputes. Article 1344 bis of the Civil Code says that, without prejudice to the provisions concerning the lease, each claim about the rental of goods can be made by written application, filed at the court registry of the justice of the peace.

Further information

The law on the summary judicial procedure for ordering payment:

website of the Federal Government Department of Justice fr:

  • click on “consolidated legislation” under the heading “legal sources”
  • select “Code Judiciaire” under the heading “legal type”
  • type “664” under the heading “words”
  • click on “Search”, then “List”
  • click “Detail”.

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Last update: 23-05-2005

 
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