Setting up a debt collection file in Luxembourg

The main difficulty is obtaining information on the debtor's financial situation. If the debtor is a natural person, this requires the intervention of a judge, who authorises requests that can be sent to the social security authorities to obtain the identity of the debtor's employers.

For a legal entity, the procedure for obtaining balance sheets involves an application to the commercial register and is relatively slow.

Company addresses are checked with the Trade and Companies Register and those of individuals with the various local authorities.

Regarding recommendations :

I suggest that for claims against companies, the decision to initiate proceedings, assuming they are indeed active, should be taken quickly.

I would draw your attention to the fact that it is always easier to recover a debt from a company that is still in business than from a company that has gone bankrupt.

Limitation periods :

• In commercial matters: 10 years
• Transport: 1 year
• Merchant to non-merchant: 1 year

Recommendations for processing files :

• Copies of invoices
• Copies of purchase orders if possible
• Copies of reminders with proof of registered mail if applicable
• Copies of letters from the debtor, particularly if the debt is recognised or disputed