Payment order: final demand before enforcement
The payment order is the bailiff’s act by which the landlord formally demands the tenant to settle their rent arrears, under threat of seizure of their assets or income. Under Belgian law, this act is a mandatory prerequisite for any enforcement measure, in accordance with Article 1499 of the Judicial Code. Without a prior payment order, the seizure is null and void.
The payment order can only be served after obtaining an enforceable title: a judgment from the justice of the peace ordering the tenant to pay, which has become final (one-month appeal period expired) or accompanied by provisional enforcement. The payment order marks the transition between the judicial phase and the enforcement phase, and represents the last moment the tenant can still settle their debt before the bailiff intervenes in their dwelling.
Definition and role of the payment order
The payment order is a formal legal act that fulfils several functions:
Legal nature:
- Bailiff’s act served at the debtor’s (tenant’s) domicile
- Authentic act with certain date and probative value
- Mandatory prerequisite for any enforcement measure
Functions of the payment order:
| Function | Description |
|---|---|
| Information | Informs the tenant of the exact amount of their debt |
| Formal demand | Gives a final payment deadline (generally 24 hours to 8 days) |
| Starting point for interest | Triggers late payment interest if the judgment provides for it |
| Prerequisite for seizure | Opens the way to movable or immovable seizure |
| Limitation period | Interrupts the limitation period of the enforceable title |
Mandatory content:
- Identity of the landlord (creditor) and the tenant (debtor)
- Reference to the judgment or enforceable title
- Breakdown of the debt (rent arrears, interest, court costs, indemnities)
- Demand to pay within a specified period
- Warning of enforcement measures in case of non-payment
Course of the procedure
The payment order is part of a logical sequence following the obtaining of a judgment:
Step 1: Obtaining the enforceable title
The landlord must have a judgment from the justice of the peace ordering the tenant to pay rent arrears. This judgment must be served on the tenant (if it was not served at the time of delivery) and must have become enforceable (expiry of the one-month appeal period, unless provisional enforcement is ordered).
Step 2: Instructing the bailiff
The landlord entrusts the enforceable judgment to a bailiff with jurisdiction over the judicial district where the property is located. The bailiff prepares the payment order and schedules the service.
Step 3: Service of the payment order
The bailiff goes to the tenant’s domicile to serve the act in person. If the tenant is absent, the act is left with a person present or deposited in the letterbox in a sealed envelope. The bailiff draws up a record of service.
Step 4: Payment deadline
The tenant has the period mentioned in the payment order (generally 1 to 8 days) to pay their debt. This period is a final reprieve before enforcement measures.
Typical timeline:
| Step | Indicative timeframe | Actor |
|---|---|---|
| Justice of the peace judgment | Variable (1-3 months after summons) | Judge |
| Service of the judgment | 15 days after delivery | Bailiff |
| Appeal period | 1 month | Tenant |
| Payment order | After expiry of the appeal period | Bailiff |
| Payment deadline | 1 to 8 days | Tenant |
| Seizure (if non-payment) | 1 day after deadline expiry | Bailiff |
Outcome of the payment order
After the service of the payment order, three scenarios are possible:
Scenario 1: The tenant pays The debt is settled, the procedure stops. The payment order costs remain the tenant’s responsibility. The landlord must acknowledge receipt and confirm the debt is cleared.
Scenario 2: The tenant does not pay The bailiff can proceed with movable seizure of the tenant’s assets or an attachment on their bank accounts or income. The seizure must respect the non-seizable assets provided for in Articles 1408 and following of the Judicial Code.
Scenario 3: The tenant negotiates a payment plan The tenant can propose a staggered payment plan. The bailiff forwards the proposal to the landlord, who is free to accept or refuse. An agreement on a payment plan temporarily suspends enforcement measures.
The payment order is valid for one year. After this period, a new payment order must be served before any seizure can proceed. Throughout the procedure, the tenant can file an objection or request a grace period from the judge.
For an overview of all recovery steps, consult our page on the complete procedure in case of unpaid rent. Upstream, a well-drafted formal notice can sometimes avoid reaching the payment order stage.