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Belgium debt collection appeals against judgments do not stop enforcement action

Thursday, January 14, 2016 - Posted by Philip Harvey

In Belgium, in changes recently introduced, appealing against a Judgment debt no longer ceases enforcement action by the Judgment Creditor against the Judgment Debtor. These changes were introduced because of a big backlog in the appeals list resulting that were taking too much of the courts time to address.

Though the Creditor no longer has to cease enforcement action, there are a couple of points to consider;

  • Should the court ultimately find in favour of the debtor, any funds obtained under continued enforcement action will have to be paid back. The debtor could also claim for compensation if they can prove any prejudice as a result of the enforcement.
  • The debtor has an option to stop the enforcement action whilst an appeal is in place by placing the debt owed in an account that is held "in trust" until a final judgment is obtained.

It will be interesting to see how this practice unfolds. Certainly where the debtor has a demonstrated capacity to pay this process should remove frivolous defences.

It will be interesting to note if any unintended consequences arise flowing from this, as there are some real practical benefits from these changes.


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