Accounting & Legal obligations
As a professional, unpaid invoices constitute a major risk for your business activity. If the amicable settlement of the debt is unsuccessful, you can take legal action.
The procedure to recover your debt depends on whether the value of the outstanding invoice exceeds EUR 10,000 or not.
Who can recover the debt?
Any creditor (natural or legal person) with a legal claim for a debt (e.g. unpaid invoice) on a person or company (the debtor) can initiate the recovery procedure.
What can I do before taking legal action?
First, if you have sent several reminders and dunning letters and the debtor still has not settled their debt, you can send a formal demand either by registered letter with acknowledgement of receipt or have it served by a bailiff.
This, however, is not an obligation. If the formal demand remains without effect, you can take legal action.
How to recover unpaid invoices of less than EUR 10,000?
You must act before the competent Magistrate's Court (Luxembourg, Esch-sur-Alzette or Diekirch) either:
How to recover unpaid invoices of more than EUR 10,000?
You must bring your case to the President of the competent district court (Luxembourg or Diekirch), i.e.:
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