{"id":71221,"date":"2019-09-03T11:56:08","date_gmt":"2019-09-03T09:56:08","guid":{"rendered":"https:\/\/tcm.be\/how-to-determine-the-unrecoverability-of-a-debt\/"},"modified":"2025-11-26T19:55:59","modified_gmt":"2025-11-26T18:55:59","slug":"how-to-determine-the-unrecoverability-of-a-debt","status":"publish","type":"post","link":"https:\/\/tcm.be\/en\/how-to-determine-the-unrecoverability-of-a-debt\/","title":{"rendered":"How to determine the unrecoverability of a debt?"},"content":{"rendered":"\n

Once adebt<\/a>can no longer be recovered in acertain<\/strong>anddefinitive<\/strong>manner, it is considered to be dead orunrecoverable<\/strong>. Determining theunrecoverability of a debt<\/strong>is a necessary step for the creditor. In fact, once the recovery of the debt becomes impossible, undertaking additional recovery procedures quite simply represents a loss of time and money. That, for instance, is why it is important to be able to determine the unrecoverable character of a debt.<\/p>\n\n\n

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\u00a0 \u00a0<\/p>\n\n\n\n

Unrecoverable character of a debt<\/h2>\n\n\n\n

\u00a0 First of all, how and whencan a debt be declared unrecoverable<\/strong>? The unrecoverable character of the debt must be proven by thecreditor<\/strong>. The latter must have initiatedrecovery procedures<\/strong>against the debtor through the offices ofa lawyer, a process server<\/a>or arecovery company<\/a>. Only after these measures and the proven failure of recovery may the debt in question be determined asunrecoverable<\/strong>. We must also be careful not to confuse anunrecoverable debt<\/strong>with abad debt<\/strong><\/a>. A debt considered as unrecoverable is a debt the recovery of which proves to be impossible, finally and in fact, while a bad debt more simply represents arisk<\/strong>of non-recovery. In other words, this latter therefore has a “doubtful”, not a “compromised” character, which is the case for the unrecoverable debt. \u00a0 \u00a0<\/p>\n\n\n\n

The certificate of unrecoverability<\/h2>\n\n\n\n

\u00a0 When all actions forlegal<\/u>orout-of-court recovery<\/a>are exhausted, acertificate of unrecoverability<\/strong>is delivered to the creditor. This is an official document that certifies theunrecoverable character of a debt<\/strong>, the financial impossibility of the debtor’s honouring the debt. \u00a0 Thecertificate of unrecoverability<\/strong>may be issued at the creditor’s request according to several situations:<\/p>\n\n\n\n