Banking Law

Banking Law Attorney in Belgium

Mis à jour en février 2026

Credit refusal, unfair terms in a loan contract, over-indebtedness, property seizure, dispute with your bank over fees or investments: banking law touches essential aspects of daily life and economic activity. In Belgium, this sector is governed by the Code of Economic Law, supervised by the FSMA and the National Bank, and is the subject of numerous consumer protections. But facing financial institutions and their armies of lawyers, individuals or SMEs may feel helpless. A specialised lawyer helps you understand your rights, negotiate with your bank, and defend your interests in court if necessary.

The banking lawyer: defending your financial interests

Banking law is a technical area where contracts are drafted by financial institutions, in their interest. Individuals who sign a mortgage or open an account generally don't read the dozens of pages of general conditions. When a problem arises, they discover clauses they didn't know about.

The specialised lawyer knows these standard contracts, their problematic clauses, and ways to challenge them. Case law has invalidated many unfair terms: excessive early repayment penalties, unjustified arrangement fees, joint liability clauses in joint credits.

They also master over-indebtedness procedures. Collective debt settlement allows over-indebted individuals to obtain a repayment plan, or even debt forgiveness. Lawyer support increases the chances of obtaining a viable plan.

Finally, the banking lawyer intervenes in investment disputes: unsuitable advice, insufficient risk information, toxic products sold to unsophisticated savers. Bank liability for breach of duty of advice is increasingly recognised.

Banking lawyer costs

Rates vary depending on the nature of intervention.

For a simple dispute with your bank (contested fees, wrongful account closure), intervention can be resolved for 500 to 1,500 euros, often by negotiation without court proceedings.

For collective debt settlement proceedings, expect 1,500 to 3,000 euros. This procedure is partially covered by legal aid if your income allows - which is often the case in over-indebtedness situations.

For complex disputes (challenging a credit, bank liability for unsuitable advice), fees can reach 3,000 to 10,000 euros depending on amounts at stake and case complexity.

Ombudsfin, the free banking mediation service, can resolve many disputes without lawyer fees. Try this route before initiating court proceedings.

Common banking disputes

Over-indebtedness affects many Belgian households. Accumulated credits, life accidents (divorce, job loss, illness), uncontrolled spending: causes are multiple. Collective debt settlement offers a second chance to people of good faith.

Credit disputes often concern repayment conditions: interest calculation, early repayment penalties, fate of credit in case of divorce or co-borrower's death.

Property seizures constitute dramatic litigation. A bank no longer being paid can force sale of the property given as security. Payment extensions can sometimes be obtained to avoid sale.

Unsuitable investments are the subject of numerous complaints. Cautious savers have been sold risky products without understanding the dangers. Banks must advise investments suited to the customer's profile and clearly inform them of risks.

Finally, excessive or unjustified bank charges can be challenged: account keeping fees, intervention commissions, various penalties.

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Questions fréquentes

What is collective debt settlement?

It's a procedure allowing over-indebted individuals of good faith to obtain a repayment plan adapted to their means, or even partial or total debt forgiveness. The procedure goes through the labour court and appoints a debt mediator. It typically lasts 5 to 7 years.

Can my bank refuse to grant me credit?

Yes, banks are free to refuse credit. However, if you're listed with the National Bank's Central Individual Credit Register, this is often the reason. You can consult your listing free of charge and challenge it if it contains errors.

How do I challenge bank charges I consider unfair?

First dispute in writing with your bank (complaints department). If the response doesn't satisfy you, refer to Ombudsfin, the free banking mediator. As a last resort, you can go to court. Clauses imposing disproportionate charges can be declared unfair.

Can I repay my mortgage early?

Yes, but the bank can claim a reinvestment indemnity, capped by law at 3 months' interest. Some contracts provide more favourable conditions. Check your contract and compare the indemnity cost against the interest savings achieved.

How do I find out if I'm listed with the Central Credit Register?

You can request a free copy of your data from the National Bank of Belgium (online or postal request). All credits and late payments are recorded there. In case of error, you can request correction.

My bank sold me a risky investment without warning me. Can I take action against them?

Yes, banks have a duty to advise and inform. They must assess your investor profile and only offer suitable products. If they breached these obligations and you suffered losses, you can claim damages. Keep all documents.

What should I do if I can no longer repay my credit?

Contact your bank immediately to negotiate rescheduling. If you're in overall over-indebtedness, consult a debt mediation service (CPAS, associations) or a lawyer to consider collective debt settlement. Don't wait for the situation to worsen.

Can Ombudsfin help me in my dispute with my bank?

Yes, Ombudsfin handles complaints from individuals against banks and other financial institutions free of charge. They can issue a non-binding opinion but one generally followed by banks. It's an effective and free alternative to court proceedings.

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