Enforcement Law and Enforcement Practice
The enforcement framework
Enforcement in Belgium is governed by the Judicial Code (Part V) and key statutes such as the Law of 5 July 1998 on collective debt settlement. The bailiff is the central actor: the monopoly on signification (service) and on exécution forcée (forced execution) of certain titles is a defining feature of the profession.
Enforcement titles
A creditor cannot seize without an executory title (titre exécutoire). Know the categories: court judgments, notarial acts, authentic acts, and certain administrative titles. Understand the formule exécutoire (enforcement clause) and the requirement of prior signification of the title before any seizure.
Types of seizure
Master the distinctions between saisie-arrêt (attachment of third-party debts), saisie mobilière (movable property), saisie immobilière (immovable property), saisie sur salaire (wages), and saisie conservatoire (protective seizure). Each has its own procedure, time limits, and protected assets.
Traps
- Confusing saisie conservatoire (protective, requires urgency and a judge's authorisation) with saisie exécutoire (executory, based on a title).
- Forgetting the insaisissabilité rules: certain income and goods are protected from seizure.
- Overlooking the précompte (deduction) of the bailiff's costs and the tariff rules.
- Serving on a company at the wrong registered seat.
Rule of thumb
Before any seizure, verify three things: (1) a valid executory title; (2) prior service of that title; (3) that the goods or debts targeted are not legally protected. If any is missing, the seizure is vulnerable to opposition.
Worked example
A creditor holds a judgment against a debtor. The bailiff first serves the judgment (signification). Only after service may the bailiff proceed to a saisie-arrêt on the debtor's bank account, and the bank must be given the legal notice and the debtor informed within the prescribed period.