Small invoice not paid?

You probably already experienced it... You do a small job or a delivery here or there and send your customer an invoice of several hundred euros. However, this remains unpaid, despite a notice of default to your customer (even possibly by a bailiff, lawyer or collection agency). You then have to choose... Either you take further steps, or you just 'forget' that invoice. However, you are reluctant to pay the costs of a lawyer for such a procedure (“phew, that's going to cost me more than it can afford”).

Going to court yourself? That is indeed an option. If you're starting a case in court, you don't necessarily need to call on a lawyer. You can also look after your business yourself, regardless of whether you work through a sole proprietorship or a company.

However, if you work with a company, it is important to be able to prove at the hearing that you can represent the company. Bring a copy of the statutes, your appointment as a director and your identity card.

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How to proceed?

Make a subpoena. Then you should start with that. You will have to have your customer sued by a bailiff.
He will have to bring the case before the competent court. If you work through a lawyer, they will draw up such a summons.

If you are representing your own case, ask the bailiff to draw up such a summons. If you provide him with your outstanding invoices, your general terms and conditions and the notice of default you sent, the bailiff will be willing to draw up the summons himself.

There are rules. Once the summons have been issued, you must ensure that you also go to court on the day of the hearing. Make sure you are present at the start of the session and register. Know that the cases where lawyers are present usually come first. Bring your supporting documents (inventoried) and hand them over to the judge. Also bring a copy for the other party.

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Tip 1. If your customer does not show up, ask the court for a default judgment.

Tip 2. If you have multiple customers who did not pay, ask the bailiff to sue them all against the same hearing. Then you don't have to sit in court for half a day per case.

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A discussion and then? It is also possible that your client sends a lawyer in his place or that there is a discussion that is beyond your hat. For example, this discussion can be procedural (there are a lot of rules about how a procedure works) or substantive.

You can then ask the judge if he wants to postpone the case briefly. This gives you the opportunity to still go to a lawyer to help you.

An alternative. If you regularly have small invoices that are not paid, you could also agree on a type of subscription system with a lawyer. You can then agree on an interesting rate that your lawyer will charge you (which makes it worth it).

If necessary, ask various law firms what conditions they can offer you in this regard.

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