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Small Claims Affidavit for Belgium

Small Claims Affidavit Template for Belgium

A Small Claims Affidavit under Belgian law is a sworn written statement used in civil proceedings for claims of lesser monetary value. This document serves as the formal initiation of a small claims procedure in Belgian courts, requiring compliance with both federal Belgian legislation and regional language laws. The affidavit must be prepared in the official language of the court's jurisdiction (French, Dutch, or German, depending on the region) and contains detailed facts about the claim, supporting evidence, and a formal declaration of truth. It follows specific formatting and content requirements as outlined in the Belgian Judicial Code and must be properly executed to be valid in Belgian courts.

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What is a Small Claims Affidavit?

A Small Claims Affidavit is a crucial document in the Belgian civil justice system, designed to provide an accessible means of pursuing smaller monetary claims through the courts. This document is typically used when the claim amount falls within the small claims threshold and previous attempts at resolution have been unsuccessful. It must comply with the Belgian Judicial Code (Code Judiciaire/Gerechtelijk Wetboek) and relevant regional language legislation. The affidavit serves as the foundation of the small claims process, containing the claimant's sworn statement of facts, evidence, and claim details. It's particularly important in Belgium's multi-lingual legal system, where the document must be filed in the appropriate official language of the court's jurisdiction (French, Dutch, or German). The document is designed to be relatively straightforward, allowing individuals to file claims without necessarily requiring legal representation, though assistance is often recommended for non-native language speakers or more complex cases.

What sections should be included in a Small Claims Affidavit?

1. Case Identification Details: Official court identifier, parties' information, and jurisdiction details

2. Affiant Information: Personal details of the person making the affidavit including full name, address, and contact information

3. Claim Summary: Brief overview of the claim amount and nature of the dispute

4. Statement of Facts: Chronological narrative of events leading to the claim, written in first person

5. Basis of Claim: Legal grounds for the claim and explanation of why the defendant is liable

6. Amount Claimed: Detailed breakdown of the claimed amount including any interest or costs

7. Prior Attempts at Resolution: Description of attempts made to resolve the dispute before filing

8. Declaration of Truth: Formal statement confirming the truth of the contents under penalty of perjury

What sections are optional to include in a Small Claims Affidavit?

1. Witness Statement Section: Include when there are third-party witnesses who can verify key aspects of the claim

2. Language Declaration: Required when the affidavit is being submitted in a different linguistic region of Belgium

3. Cross-Border Elements: Include when the claim involves parties or events from different EU member states

4. Urgency Statement: Include when requesting expedited processing due to time-sensitive matters

5. Alternative Service Request: Include when standard service methods are not possible or impractical

What schedules should be included in a Small Claims Affidavit?

1. Schedule A - Documentary Evidence: Copies of all relevant documents supporting the claim (contracts, correspondence, invoices, etc.)

2. Schedule B - Photographic Evidence: Any relevant photographs or visual evidence supporting the claim

3. Schedule C - Chronology: Detailed timeline of events relevant to the claim

4. Schedule D - Costs Schedule: Itemized breakdown of all costs being claimed

5. Appendix 1 - Witness Details: Contact information and credentials of any witnesses referenced in the affidavit

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Belgium

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
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