In Belgium

A payment order (commandement de payer / bevel tot betaling) is a formal act served by a bailiff ordering the debtor to pay their debt within a specified period. It is a mandatory prerequisite before the creditor can proceed with enforcement seizure.

Legal basis. Articles 1499 and 1564 of the Belgian Judicial Code require a payment order before any enforcement of a money judgment. The order must reproduce the enforceable title on which it is based.

How it works

Service. The bailiff delivers the payment order in person to the debtor or at their domicile. If the debtor cannot be found, it is left with a household member or deposited at the police station.

Deadlines. The debtor has a minimum of 24 hours (for seizure of movable assets) or 15 days (for immovable property) to pay the full amount, including interest and costs.

Content. The payment order specifies: the amount owed (principal, interest, costs), the enforceable title, a statement that enforcement will follow if payment is not made, and the bailiff’s contact details.

Effect. Once the deadline expires without payment, the creditor can instruct the bailiff to proceed with the seizure. The payment order remains valid for 10 years.

Costs. The bailiff’s fee for a payment order is approximately 150-250 EUR, regulated by royal decree. These costs are added to the debtor’s total liability.

i
Good to know
A payment order is distinct from a formal notice (mise en demeure). The formal notice is a pre-litigation warning sent by the creditor. The payment order is a post-judgment enforcement step carried out exclusively by a bailiff. Both may be needed in sequence.

Practical example

A landlord wins a judgment for 3,600 EUR in rent arrears plus 420 EUR in procedural costs. The bailiff serves a payment order on the tenant at their new address, demanding payment of 4,020 EUR within 24 hours. The tenant does not pay. Two days later, the bailiff returns to carry out an enforcement seizure, inventorying the tenant’s seizable possessions.