Since 1 January 2017, the law explicitly provides for a general option for the National Social Security Office (“NSSO”) to recover undisputed debts by means of a writ of execution.
This means that the NSSO can provide itself an enforceable title (a writ of execution) without having to rely on the labor court.
The recovery through a writ of execution can be used for all contributions, penalties, interests and other amounts that would be due to the NSSO. It is, however, important that it concerns debts:
(i) that are not fundamentally disputed;
(ii) for which no payment plan has been obtained that the debtor is conscientiously complying with.
In order to recover undisputed debts, the writ of execution must be served on the debtor by a bailiff’s writ. The writ contains, among other things:
(i) an order to pay within 24 hours under penalty of execution by seizure; and
(ii) an accounting justification of the amounts claimed.
The debtor can object to the writ of execution by filing a writ of summons before the labor court of its residence or registered seat. In order to do so, he must act quickly, as the objection must be submitted within 15 days following the serving of the writ of execution.
Pending the decision about the objection, the writ of execution cannot be enforced and the period of limitation of the claims mentioned in the writ of execution will be suspended.
The costs related to serving the writ of execution and the costs of implementation or provisional measures shall always be borne by the debtor.
The recovery of undisputed debts through a writ of execution does not prevent the NSSO from filing a writ of summons before the labor court, but the amendment to the law now makes this the exception rather than the rule.
The foregoing should prevent judicial proceedings in cases where there is actually no dispute regarding the debt.
Katrien Leijnen
Junior Associate
katrien.leijnen@cms-db.com
Sophie Berg
Associate Partner
sophie.berg@cms-db.com
