Payment reminders and late payers: what can you charge in 2026?
Every self-employed professional knows the feeling: the invoice has been overdue for weeks and there's radio silence on the other end. Late payers don't just cost you money — they cost you time and energy too. The good news: legally, you're in a stronger position than you might think, as long as you know the rules. And those rules differ considerably depending on whether your client is a business or a consumer.
First: which payment term applies?
Everything starts with your invoice's due date.
Between businesses (B2B), the Belgian law of 2 August 2002 on combating late payment in commercial transactions applies. If nothing is agreed, your client must pay within 30 calendar days. You can contractually extend that term to a maximum of 60 days — longer terms have been prohibited since the 2022 legislative change, even if both parties agree.
For consumers (B2C), you set the payment term yourself on your invoice or in your general terms and conditions. Always state it clearly — without a term, arguing with a late payer becomes considerably harder.
And mention your payment term not only in your terms and conditions but also visibly on the invoice itself, alongside the mandatory mentions on a Belgian invoice.
Client is a business? The clock starts automatically
For B2B invoices, the law is remarkably favourable to you as the creditor. From the day after the due date, you are automatically entitled to:
- Late-payment interest at the statutory rate for late payment in commercial transactions. In early 2026 that rate is 10.5% per year. It is set every six months and published by the FPS Finance.
- A fixed compensation of €40 for your collection costs — per invoice, without having to prove those costs.
No formal notice of default is required: the entitlement arises by operation of law. On top of the €40 fixed fee, you can claim reasonable compensation for collection costs that exceed it, such as the fees of a lawyer or collection agency.
A quick example: a €5,000 invoice remains unpaid 60 days past the due date. At 10.5% per year, the interest adds up to roughly €86, plus the €40 fixed fee. You can therefore charge around €126 extra — and mentioning that in your reminder often works wonders.
Client is a consumer? Strict protection rules apply
Since the Belgian consumer debt collection law (Book XIX of the Code of Economic Law, in force since September 2023), the sequence of steps for consumers is tightly regulated. Get it wrong and you may have to refund any fees charged.
Step 1: the first reminder is free. You may not charge anything for it. For contracts with regular deliveries (such as subscriptions), the first three reminders per year are free; after that you may charge a maximum of €7.50 plus postage.
Step 2: wait at least 14 calendar days. Only after that period — which starts on the third working day after posting, or the calendar day after sending by e-mail — may late-payment interest and compensation start to accrue.
Step 3: only what your terms provide for. Without a penalty clause in your general terms and conditions, you cannot claim any fixed compensation. And the amounts are capped by law:
| Outstanding amount | Maximum compensation | |---|---| | Up to €150 | €20 | | €150.01 to €500 | €30 + 10% of the amount | | Over €500 | €65 + 5% of the amount (max. €2,000) |
Moreover, the late-payment interest charged to consumers may not exceed the statutory interest rate: 4.5% in 2026.
Here's a worked example too: a consumer doesn't pay a €400 invoice. After your free first reminder and the 14-day waiting period, you may charge a maximum of €30 + 10% of €400 = €70 in compensation, plus late-payment interest of at most 4.5% per year on the outstanding amount. Charge more, and you risk the entire penalty clause being declared void — leaving you empty-handed.
If you engage a collection agency, lawyer or bailiff, they must first send a formal notice of default containing all legally required information, followed by another 14 calendar days of respite. The collector's fees may never be passed on to the consumer.
A good payment reminder: how to structure it
Thoughtful follow-up collects more than a threatening tone. A proven sequence:
- Friendly reminder (a few days after the due date). Assume it was an oversight. State the invoice number, amount, due date and payment instructions. For consumers: free by law.
- Second reminder or demand (± 14 days later). More formal in tone. Announce which costs and interest you will charge (B2B: you may already include them).
- Notice of default (registered mail). A formal last chance with a clear deadline. From here on, you're building a file for possible legal action.
- Collection. Debt collection agency, bailiff, lawyer or court. Weigh the costs against the outstanding amount.
Does your client dispute the invoice with reasons? Then collection must be put on hold until the matter is clarified — continuing to press for payment is even a prohibited practice with consumers.
What exactly goes into a payment reminder?
A good reminder leaves no room for discussion. Include at least:
- The invoice number and invoice date, so your client knows immediately which invoice it concerns
- The outstanding amount, including any interest and costs already charged (with the calculation shown)
- The original due date and the new final payment date
- Payment instructions: account number, structured reference and ideally a payment link or QR code — the less effort paying takes, the faster it happens
- A copy of the invoice as an attachment, so "I never received it" is no longer an excuse
If you send the reminder by e-mail, keep proof of sending. For a notice of default, go with registered mail: that proof is worth its weight in gold if things do end up in court. And put every payment arrangement in writing — a promise over the phone is worthless in a dispute.
Prevention remains cheaper than collection
The best late payer is the one who never becomes one. Three levers that pay off immediately:
Invoice immediately and digitally. The sooner your invoice goes out, the sooner the payment term starts running. Since mandatory e-invoicing in Belgium, B2B invoices travel via Peppol straight into your client's accounting software — no more invoices that "never arrived" or ended up in a spam folder.
Get your terms and conditions in order. A clear payment term, a penalty clause within the legal caps and a late-payment interest clause: with those, you're on solid legal ground in every discussion.
Follow up on due dates automatically. Manual follow-up means reminders go out late or not at all. Automatic payment reminders keep your cash flow healthy without costing you time — and if you do your own bookkeeping, you can see at a glance which invoices are still open.
Chase late payers without the legwork
With Cleero you send your invoices as e-invoices via Peppol and see at a glance which invoices are overdue. You send payment reminders in a few clicks, with the correct amounts and deadlines — so you can focus on your business instead of chasing payments.
Try Cleero for free — no credit card required.