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Unpaid invoice: what can a self-employed person do, and by when?
By the Finances Indépendants editorial teamUpdated on 4 min read
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When is an invoice overdue?
Between businesses, an invoice is overdue the day after the due date set in the contract. If nothing is set, the client has 30 calendar days from the day after receiving the invoice. A longer term can be agreed, but not more than 60 days: any more generous clause is deemed unwritten.
With a private individual, the law sets no general term: your invoice or your terms and conditions fix the due date. Put it in writing, as a precise date rather than "payment on receipt".
The clock starts when the invoice is issued: in principle, it goes out no later than the 15th day of the month after the service. An invoice sent three months late is three months of cash flow handed to the client. Since 2026, between VAT-registered businesses, it also goes through mandatory e-invoicing.
Business client
Private client
Term with no clause
30 calendar days
The one on the invoice or contract
Late-payment interest
Automatic, no formal notice
After a free reminder and 14 days
Recovery costs
€40 flat rate
Capped according to the amount owed
Interest and compensation: what you can claim
Against a business client, late-payment interest runs from the day after the due date, without formal notice, at the reference rate plus 8 percentage points unless another rate was agreed. On top comes fixed compensation of €40 for recovery costs, plus reasonable compensation for actual costs above that amount.
The reference rate changes every half-year: it is based on the European Central Bank rate on 1 January or 1 July, and the Minister of Finance publishes it by notice in the Belgian Official Gazette. Check it when you make your claim rather than reusing last year's figure.
Against a private individual, the first reminder is free, then they have at least 14 days without charges or interest. Only then are charges and interest capped: €20 up to €150 owed, €30 plus 10% up to €500, €65 plus 5% above that, with a maximum of €2,000. And they must appear in your terms and conditions.
Recovery without a trial: the bailiff procedure
When a business client neither pays nor disputes, the Judicial Code provides a procedure without court. At your lawyer's request, a bailiff serves a formal demand. The client has 1 month to pay, ask for a payment plan or dispute the debt. With no response, the bailiff draws up a record of non-dispute, which is declared enforceable.
That record is drawn up 8 days after the response period ends and has the effect of a judgment: the bailiff can then seize assets. The procedure requires both parties to be registered with the Crossroads Bank for Enterprises (BCE/KBO) and the debt to be certain and due. At the slightest dispute over the service, it stops and you must go to court.
Bailiff fees follow a statutory scale, partly proportional to the amount to be recovered: ask for an estimate before launching the demand for a small invoice.
Protecting your cash flow before non-payment
The best protection is set up before the work: terms and conditions that fix the due date, the interest rate and the compensation, accepted by the client, and an invoice issued straight away. With a large client, a deposit limits the amount at risk.
Non-payment suspends none of your own deadlines. Your contributions remain due to the social insurance fund, and letting them slide is expensive: see what unpaid social security contributions cost. A reserve of a few months of charges, calculated with the social security contributions simulator, absorbs the shock.
When one client weighs heavily, their delay becomes your cash-flow problem. Your day rate should build in that risk, and the main-activity self-employed status page sets out the charges that run whatever happens.
Further reading
The pages on this site that explore each of the points covered here in more depth.
- Mandatory e-invoicingHow to issue and receive invoices between businesses since 2026.
- Unpaid social security contributionsSurcharges, exemption and payment plans if non-payment puts you in difficulty.
- Working out your day rateBuilding charges and client risk into your price.
- Social security contributions simulatorEstimate the reserve to keep for your quarterly contributions.
- Main-activity self-employedThe obligations and charges that run whether or not your clients pay.
Frequently asked questions
If the contract says nothing, 30 calendar days from the day after the invoice is received, under the Act of 2 August 2002. The parties may agree a longer term, but not beyond 60 calendar days: a clause going further is deemed unwritten and the statutory term applies.
Not against a business client: late-payment interest is due automatically from the day after the due date, unless the client proves they are not responsible for the delay. A written reminder is still useful as a record. Against a private individual, by contrast, a free first reminder is required before any charges.
Yes. Between businesses, as soon as late-payment interest is due, the creditor can claim €40 for recovery costs without formal notice. They can ask for more if their actual costs, for example a lawyer or bailiff, exceed that flat rate, provided they remain reasonable. This compensation does not apply to consumer debts.
After a free first reminder and a 14-day period, charges and interest are capped according to the balance owed: €20 up to €150, then a flat amount plus a percentage, with a maximum of €2,000. They must have been provided for in the contract or in terms and conditions the client accepted.
Yes, if the debt is undisputed and both you and your client are registered with the Crossroads Bank for Enterprises. A bailiff instructed by your lawyer serves a formal demand; with no payment or dispute within the month, they draw up a record of non-dispute that serves as an enforceable title. A dispute sends the case to court.
Topics covered
Topics covered: unpaid invoice self-employed Belgium · payment term invoice between businesses · late payment interest invoice Belgium · fixed compensation 40 euros · recovery undisputed debt bailiff · reminder unpaid invoice consumer · client who does not pay.
Official sources
- Belgian Official Gazette (Justel), Act of 2 August 2002 on combating late payment in commercial transactions. View (new tab)(Official source, accessed on 2026-10-18)
- FPS Economy, Unpaid invoices: free reminder and limited compensation. View (new tab)(Official source, accessed on 2026-10-18)
- FPS Economy, Five most frequently asked questions about invoices. View (new tab)(Official source, accessed on 2026-10-18)
- Belgian Official Gazette (Justel), Judicial Code, articles 1394/20 et seq.: recovery of undisputed money debts. View (new tab)(Official source, accessed on 2026-10-18)
- National Chamber of Bailiffs, Recovery of undisputed money claims. View (new tab)(Reference, accessed on 2026-10-18)
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