Legal Q&A · Debt Recovery

We supplied goods without a written contract, only invoices. Can we recover payment?

Law as at 29 August 2026

Short answer

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.

For years, business worked by phone and email: order, delivery, invoice, payment. Then a customer stopped paying, and the file contains nothing resembling a contract. The good news is that such disputes depend on evidence of what was actually supplied and agreed in return.

A contract arose even without paper

The Commercial Code (Act No. 513/1991 Coll.) does not require written form for sale contracts or most ordinary supplies. Agreement on the essential terms, what will be supplied and at what price, is sufficient (Section 269(1)). Acceptance need not even be spoken:

Having regard to the offer’s content, practices established between the parties or usages applicable under this Act, the addressee may express acceptance by performing an act, such as dispatching goods or paying the purchase price, without notifying the offeror.

— Section 275(4) of the Commercial Code (unofficial English translation)

We discuss when writing is mandatory in must a contract be written to be valid?. Here, the question is how to prove an oral agreement’s content during recovery.

How to prove delivery and price

The court needs to establish delivery, quantity and price. Existing records provide the evidence: invoices and payments, delivery notes, orders, emails and transport documents. The history of dealings also matters: interpretation takes account of established practices and subsequent conduct (Section 266(3)).

In case No. 2 Obo 61/2008, the Slovak Supreme Court stated that a supplier’s invoice becomes evidence of delivery only when the customer accepts all its particulars. Invoices paid without reservation therefore support the established price and scope of dealings; unpaid invoices need other supporting delivery documents. A debtor’s argument that the invoices are absent from its accounts does not succeed: in Supreme Court case No. 5 Obdo 62/2018, the conclusion stood that the defendant’s failure to record documents cannot prejudice the creditor.

Where oral agreements fail

Case No. 2 Obo 61/2008 also warns that an invoice reflects rather than replaces the agreement. A due date you add unilaterally is not an agreed due date. In that dispute, the court counted time from delivery, so a claim pursued using invoice dates was already time-barred. Commercial supplies have a four-year limitation period; see when a claim becomes time-barred for calculation and suspension.

A second warning concerns future evidence. While the relationship works, obtain at least email confirmation or a signed delivery note. This inexpensive evidence can later compensate for the missing written contract.

How we can help

Our debt recovery service assesses which documents provide sound evidence and plans the approach. We first send a pre-action demand. If unsuccessful, we prepare a payment order application based on invoices, delivery notes and correspondence. Contact us before the oldest supplies become time-barred.

This answer provides general information on the law as at 29 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 and by when should a claim be registered in bankruptcy? A creditor pursues a claim against a bankrupt debtor by registering it. Registration must be submitted within the basic 45-day period after the bankruptcy declaration, electronically using the designated form to the trustee's electronic mailbox; it must be authorised or it will be disregarded. Late registration restricts the creditor's rights; a security right, however, must be properly asserted within 45 days or it will be disregarded. Registration has the same effect on limitation as pursuing the right in court.
  2. When am I entitled to damages, and what is unjust enrichment? Under the general civil-law regime in Section 420 of the Civil Code, the wrongdoer's fault is presumed and compensation covers actual loss and lost profit. Breach of a commercial obligation, however, is subject to the separate liability regime in Section 373 et seq. of the Commercial Code. Unjust enrichment is a benefit obtained without legal grounds and must be returned. Limitation depends on the regime and circumstances: civil-law rules provide a two-year subjective period and specific objective limits, while commercial claims generally have a four-year period.
  3. When and where may we contact a debtor who is a consumer? Anyone recovering a contractual claim in their own name or for a creditor must not visit a consumer or their close persons at home or work without prior express consent. Contact or harassment of any kind is prohibited on Saturdays, days of rest and, on other days, between 18:00 and 08:00 the next day. These prohibitions do not apply to the professional activities of enforcement officers, lawyers and notaries.
  4. What must a payment demand contain to avoid being an unfair practice? 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.

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

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