Legal Q&A · Debt Recovery

What must a payment demand contain to avoid being an unfair practice?

Law as at 9 August 2026

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

Short answer

The demand should identify the contract, state that the consumer is in default and itemise principal and each additional amount: interest, default interest, late-payment charges, recovery costs and any other claims. It should also include its issue date, payment instructions and contact details for checking the current balance. A demand lacking these details may be assessed as an unfair commercial practice.

Six required elements

According to the National Bank of Slovakia’s position, written demands or reminders lacking appropriate content may be unfair commercial practices. A demand should contain:

  1. Identification of the contract, such as its title, number and conclusion date.
  2. A statement that the consumer is in default.
  3. An itemised debt amount, separating principal, each accessory claim such as interest, default interest and late-payment charges, recovery costs and any other claims.
  4. The date on which the reminder was issued.
  5. Payment details for paying the overdue amount.
  6. Contact details through which the consumer can verify the current balance.

The reasoning mirrors misleading omission under Section 11 of Act No. 108/2024 Coll. on Consumer Protection: a commercial practice must not omit material information the average consumer needs for an informed decision. A debtor unable to identify the components of the amount or verify it lacks that basis.

Exceptions apply to demands for overdue instalments sent under separate legislation and situations where the circumstances already make the information clear to the consumer, for example where they requested a current amortisation table.

What should not appear in a demand

Additional content may also constitute an unfair practice:

  • False information on sanctions that were not agreed or are not applied in practice.
  • Incomplete or distorted information on how the debt will develop if the consumer does not pay the specified amount by the deadline.
  • Specific amounts of future legal representation costs supposedly arising on non-payment before a court has decided the matter.

Aggressive practices include wording suggesting proceedings are already underway, that a court will unconditionally rule for the creditor, or threats of acts the creditor is not entitled to take.

State recovery costs carefully

A consumer may be required to reimburse only costs reasonably and actually incurred in asserting or recovering the claim (Section 13(3) of Act No. 108/2024 Coll.). The calculation must be provided free of charge, with an explanation of its method on request.

Costs of asserting a claim are accessory claims under Section 121(3) of the Civil Code. In practice, they are recoverable only if necessary, reasonably and actually incurred, and provable by the creditor. How they are communicated to the consumer also matters, including whether they could have arisen at all and in what amount.

One demand versus a system

One-off recovery concerns a document’s content. Portfolio recovery concerns a process: whether demands follow a reminder system documented in internal rules, properly applied, internally controlled, predictable and regularly reviewed. Demands under such a system will not be assessed as aggressive commercial practices.

Our debt recovery audit and reminder system service addresses templates and processes. See also when and where you may contact a debtor.

This answer provides general information on the law as at 9 August 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. How does a European order for payment work, and what do we need for Form A? A European order for payment is a uniform EU procedure for cross-border monetary claims. Applications use Form A under Regulation (EC) No. 1896/2006, and the court issues the order without a hearing, normally within 30 days. The defendant may object within 30 days of service without giving reasons. The case then continues as ordinary proceedings unless you stated you did not want this. Prepare precise party details, principal, interest and costs, claim basis codes and evidence descriptions.
  2. The debtor wants instalments. How should an acknowledgement and payment schedule protect us? Prepare a written acknowledgement precisely identifying the debt and an instalment schedule with an acceleration clause. Under the Commercial Code, acknowledgement creates a presumption that the obligation exists to the acknowledged extent and starts a new four-year limitation period; the clause allows the full debt to be made due on the first missed instalment. However, acceleration must be exercised no later than the due date of the next instalment, and stricter rules apply to consumers.
  3. When does a claim for restitution of unjust enrichment become time-barred? Two years from learning that enrichment occurred and who was enriched at your expense; no later than three years from the enrichment, or ten years for intentional enrichment. Both periods run concurrently and the claim becomes time-barred when the earlier one expires. This regime does not apply to commercial relationships: a four-year period under the Commercial Code runs from the enrichment regardless of your knowledge.
  4. We have a final Swiss judgment. How do we enforce it in Slovakia? In two stages. Switzerland is outside the EU, so the 2007 Lugano Convention applies rather than Brussels Ia: a Slovak court must first declare the judgment enforceable before an enforcement application can be filed. You need the judgment, an Annex V certificate from the court of origin and, if requested by the court, a certified translation of the necessary documents. This procedure must be completed before final recovery; however, provisional and protective measures under Article 47 may protect assets at an earlier stage.

Cannot find your question? Ask your own question

Facing this situation?

Tell us what you need help with.

Describe your situation. We will review it and tell you within 24 hours whether and how we can help, including an indicative fee.

  1. 1Send your enquiry via this form
  2. 2Within 24 h you get a price confirmation and plan
  3. 3We start work only after your approval
Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

Not keen on calls or email? Message us on WhatsApp →
Prefer to book a time right away? Book a consultation →
Or email us about this matter.

PDF, Word, images, ZIP… max 10 MB per file, 30 MB total.

Submitting this form does not create an engagement or attorney-client relationship. Before taking on a matter we run a conflict-of-interest check, so please do not send sensitive originals until we confirm the matter together.

Contact a lawyer