Legal Q&A · Debt Recovery

How should I recover an unpaid invoice?

Law as at 21 July 2026

Answered by , Czech and Slovak attorney, admitted to the Slovak and Czech Bars (SAK 300422 · ČAK 19654).

Short answer

Invoice recovery follows an established sequence: check the debtor and limitation period, send a pre-action payment demand specifying principal and interest, apply for a payment order through ordinary or electronic payment order proceedings if unsuccessful, and begin enforcement once an enforceable title is obtained. Most cases are resolved by a lawyer's demand; court and enforcement are later stages.

1. Check the debtor and deadline

First, assess realistically whether recovery is worthwhile by examining collectability and limitation. An ordinary civil claim becomes time-barred after three years and a commercial claim after four (Section 101 of the Civil Code; Section 397 of the Commercial Code), so time works against the creditor. Preparation includes register checks for enforcement and insolvency, and reviewing evidence that the debt exists and is due.

2. Pre-action demand

A pre-action payment demand on a lawyer’s letterhead is inexpensive and often sufficient. We quantify principal and default interest (Section 517(2) of the Civil Code) and set a payment deadline. A lawyer’s demand carries different weight from the creditor’s reminder and persuades many debtors to pay or agree instalments without court proceedings.

3. Payment order or claim

If the debtor does not respond, court proceedings follow. A payment order is a quick route: the court can decide without a hearing and order payment within 15 days of service or an objection within the same period (Section 265 of the Code of Civil Dispute Procedure). Electronic payment order proceedings under Act No. 307/2016 Coll. are often faster and cheaper. We handle this stage through our payment order and payment claim service.

4. Enforcement

A final and enforceable payment order or judgment is an enforcement title. If the debtor still does not pay, enforcement proceedings recover the claim through an enforcement officer using wage deductions, bank accounts or asset sales. Our office can handle the entire sequence from checking to recovery; see our debt recovery service.

This answer provides general information on the law as at 21 July 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. The trustee disputed our registered claim. What should we do, and by when? The only defence is an action to establish the disputed claim, known as an incidental action. It must be filed within 30 days of publication of the dispute in the list of claims and directed against everyone who disputed the claim. Missing the deadline extinguishes the right and permanently excludes the disputed part from satisfaction, although it continues to exist under substantive law.
  2. Our debtor obtained a personal bankruptcy discharge. Is our claim permanently lost? Not necessarily. Discharge makes the claim unenforceable against the debtor but does not extinguish it: voluntary payment remains possible, as does recovery from a guarantor or security. Statutorily listed claims remain unaffected, including child maintenance and intentionally caused damage. If the debtor lacked honest intent, discharge may be challenged within six years.
  3. We supplied goods without a written contract, only invoices. Can we recover payment? Yes. A sale contract needs no written form: it arose through ordering and delivery, even orally or by conduct. In court, the issue is proving delivery and the agreed price; accepted invoices, delivery notes, emails and established dealings usually suffice. Watch limitation periods and remember that a due date added unilaterally to an invoice is not an agreed due date.
  4. What must an objection to a payment order contain to avoid rejection? The objection must be timely, filed by an authorised person and substantively reasoned: describe the decisive facts supporting your denial of the claim and identify evidence. Case law can accept a brief challenge, but bare disagreement with the order, financial hardship or acknowledging the debt while requesting instalments is insufficient. The court rejects an unreasoned objection by order, and the payment order becomes final.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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