The Debt Recovery Letter of Demand is a crucial document in Belgian commercial and civil practice, serving as a formal written notification demanding payment of an outstanding debt. It is typically used when previous informal attempts to collect payment have been unsuccessful, but before initiating legal proceedings. The document must comply with Belgian legislation, including the Civil Code and specific debt collection regulations, particularly regarding payment terms, interest calculations, and collection practices. This letter should include detailed information about the debt, payment history, applicable interest rates, and a clear deadline for payment. It serves multiple purposes: formally demanding payment, creating a paper trail for potential legal action, and demonstrating compliance with pre-litigation requirements under Belgian law. The document is essential for businesses and individuals seeking to recover debts while maintaining legal compliance and professionalism in their collection efforts.
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1. Sender Details: Full legal name, address, and contact information of the creditor company/individual, including any relevant registration numbers
2. Recipient Details: Full legal name and address of the debtor, including any relevant reference numbers
3. Date and Reference: Current date and unique reference number for the demand
4. Subject Line: Clear indication that this is a formal demand for payment
5. Debt Details: Specific amount owed, origin of the debt, invoice numbers, and dates of supply/service
6. Legal Basis: Reference to the underlying contract or transaction creating the debt obligation
7. Payment History: Summary of any previous payments made and remaining balance
8. Interest and Penalties: Calculation of any applicable late payment interest and recovery costs as per Belgian law
9. Payment Instructions: Clear payment terms, deadline, and bank account details
10. Legal Consequences: Statement of potential legal actions if payment is not received by the deadline
11. Closing: Formal closing, signature, and position of the sender
1. Previous Communications: Reference to prior payment requests or communications - include when there has been previous correspondence
2. Payment Plan Option: Offer of payment plan arrangements - include when willing to accept installment payments
3. Dispute Resolution: Information about dispute resolution procedures - include when required by industry regulations or company policy
4. Without Prejudice: Legal reservation of rights - include when wanting to protect legal position in future proceedings
5. Business Relationship: Reference to ongoing business relationship - include when wanting to maintain future business relations
1. Original Invoice(s): Copies of all relevant unpaid invoices
2. Statement of Account: Detailed statement showing all transactions, payments, and current balance
3. Contract/Purchase Order: Copy of the original contract or purchase order relating to the debt
4. Delivery Notes: Proof of delivery or service completion if applicable
5. Interest Calculation: Detailed calculation of interest and late payment charges
6. Payment History: Record of all payments received and applied to the account
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