IOS procedure

IOS procedure

For some years now, the procedure for recovery of undisputed money debts has been in force. It is also known as the ‘IOS Procedure’. The IOS procedure means that uncontested claims between businesses can be collected simply by a lawyer in consultation with a bailiff. The intervention of the court is no longer required in the IOS procedure.

The IOS procedure is an extrajudicial procedure.

The IOS procedure was established for the recovery of undisputed debts involving a sum of money. The claim must be certain and due. The IOS procedure can only be initiated with the intervention of a lawyer. The lawyer will have to ensure that the formal conditions for the application of the recovery procedure are fulfilled.

Before initiating an IOS procedure, we will carefully check whether the outstanding claim is eligible for the procedure.

The IOS procedure consists of four stages:

1. Formal notice (at the request of a lawyer and carried out by the bailiff)

2. Debtor’s point of view

Your debtor will be given one month from the date of service of the notice to proceed to payment or to request an instalment plan. If there is no response, the proceedings can be continued without further ado.

In the event that your debtor contests the outstanding claim, you can decide whether the case should still be brought before the competent court. If your debtor decides to dispute the claim, we will carefully examine the dispute and, in consultation with you, a decision can be made to initiate traditional legal proceedings.

3. Non-contest report (this will be drawn up by the bailiff) At the earliest, 8 days after the expiration of the one month period granted to your debtor, the bailiff will, at your request, draw up an official report of your debtor’s response.

4. Declaration of enforceability of the official report

At this stage, you will obtain an enforceable title on the basis of which you can proceed to execution to obtain your outstanding debt.

It is certain that during all the phases we closely follow up the case and inform you at each step.

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