Bring a claim before the justice of the peace in Belgium
The justice of the peace is the most accessible Belgian court and where most disputes between individuals belong. It hears smaller money claims plus a mandatory list that includes residential tenancy, neighbour disputes, consumer credit and unpaid utility bills — whatever the amount. You may appear in person without a lawyer.
- Timeline
- Two to six months to judgment in an undefended case
- Cost
- Registry fee plus a contribution to the Legal Aid Fund; bailiff costs where a writ is used. Legal aid (pro deo) available on income grounds.
- Steps
- 8 stages
Deadline — read this first
No deadline to sue beyond the ordinary limitation periods: ten years for contractual claims, five years for extra-contractual liability from knowledge of the damage, and one year for many consumer utility and transport claims. Appeal runs one month from service of the judgment.
Who can file
Any individual or company. Parties may appear in person; a lawyer is optional at this level. A spouse or close relative may represent a party with the judge's permission.
Step by step
- 1
Confirm the justice of the peace is competent
Competence is by subject matter first, amount second. Tenancy, neighbour and boundary disputes, consumer credit and utility debts belong here whatever the sum. Otherwise the general money threshold applies, and larger or company-to-company disputes go to the tribunal of first instance or the enterprise tribunal.
- 2
Identify the correct canton
There are 187 cantons. The general rule is the defendant's domicile; for tenancy it is where the property lies. Filing in the wrong canton wastes the fee, as the case is sent on or dismissed.
- 3
Try free conciliation first
The justice of the peace offers voluntary conciliation (conciliation / verzoening) at no cost, requested by simple letter to the registry. A settlement recorded by the judge is enforceable like a judgment, which often makes this faster than litigating.
- 4
Send a formal notice of default
Put the other side on notice in writing by registered post, stating the claim and a deadline. For consumer debts this step is legally required before recovery costs can be added, and it starts default interest running.
- 5
Choose how to commence
Many claims at this level start by written request (requête contradictoire / verzoekschrift op tegenspraak) filed at the registry, avoiding bailiff fees. Otherwise a bailiff serves a writ of summons (citation / dagvaarding). The registry will confirm which route your claim allows.
- 6
File and pay the registry fee
Lodge the request with the canton registry together with copies of your evidence. A contribution to the Legal Aid Fund is payable per claimant. If your income is below the threshold, apply for legal aid beforehand.
- 7
Attend the introductory hearing
The case is called on a fixed date. If the defendant does not appear you can seek judgment by default. If they do, the judge sets a timetable for written submissions, or hears the matter immediately if it is simple.
- 8
Enforce the judgment
A judgment is not self-executing. Have it served by a bailiff, who can then attach wages, bank accounts or movable property. Wait for the appeal period to expire unless the judgment is enforceable notwithstanding appeal.
Documents you must produce
- Identity document, or enterprise number from the Crossroads Bank for Enterprises
- The contract, lease, invoice or other document the claim rests on
- Proof of the registered formal notice and its delivery
- A statement of the amount claimed, separating principal, interest and costs
- Any correspondence, photographs or witness statements supporting the claim
Common mistakes that sink cases
- Using the wrong language. The language of proceedings is fixed by the language legislation for the canton, not by preference; Brussels is bilingual but the rules are strict and a filing in the wrong language can be void.
- Suing the wrong legal entity. Check the exact registered name and enterprise number in the Crossroads Bank for Enterprises; a judgment against a trading name cannot be enforced.
- Skipping the formal notice, which for consumer debts blocks recovery of costs and interest.
- Assuming a judgment collects itself. Enforcement is a separate step requiring a bailiff.
- Letting the one-month appeal period lapse before enforcing, or enforcing early where the judgment is not provisionally enforceable.
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