Coronavirus: suspension of debts of private individuals

Author: Laurence Philippe (Legal Expert)
Date:

Since 24 April, companies have benefited from a ceasefire on their debts. From 30 May 2020, private individuals will also benefit from a suspension of debts.

Suspension of executory attachments

From 30 May 2020 to 17 June 2020, executory attachments for private individuals are suspended. Unlike companies, private individuals do not have to demonstrate that their financial difficulties were caused by the current crisis.

This suspension applies to executory attachments on movable assets (in particular sums of money) and immovable assets, except those where the debtor is domiciled. It covers both new and current attachments. Protective attachments on sums of money are also suspended. 

Exceptions

The suspension of attachments does not apply to certain debts:

  • Maintenance claims;
  • Commitments to pay a sum in criminal cases;
  • Recoveries due to tax or social fraud;
  • Tax notifications so that the Treasury can take out a legal mortgage.

The debtor may also consent to the attachment or its continuation.

Source: Act of 20.05.2020 laying down various provisions on justice in the context of the fight against the spread of the coronavirus COVID-19, Belgian Official Gazette of 29.05.2020.

 

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