Legal Q&A · Debt Recovery

When and where may we contact a debtor who is a consumer?

Law as at 9 August 2026

Short answer

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.

What the law prohibits

Section 13 of Act No. 108/2024 Coll. on Consumer Protection specifically addresses prohibited debt recovery practices. It applies to anyone recovering a contractual claim in their own name or on a creditor’s behalf, including online shops, telecom operators, energy suppliers, collection agencies and debt purchasers, as well as consumer credit providers.

When asserting or recovering a claim, such a person must not:

  • Personally visit the consumer or their close persons at home or work without the consumer’s prior express consent.
  • Contact or harass in any way the consumer or their close persons on Saturdays, days of rest or, on other days, between 18:00 and 08:00 the following day.

The prohibition protects close persons as well as the debtor, and makes no distinction between calls, messages and visits.

Do not overlook automated channels

This is the most common practical failure, often without bad intent. SMS gateways, email campaigns, automated calls and chatbots send according to settings nobody has checked against this rule. A system sending reminders at seven in the morning or on Saturday afternoon breaches the prohibition just as a human caller would.

A process review must therefore examine time windows across all channels, not only staff activity.

Other duties of the same person

A person recovering debts is also subject to selected basic trader prohibitions under Section 4(2) of Act No. 108/2024 Coll., particularly against unfair commercial practices, unfair contract terms, denying consumer rights and conduct contrary to good morals.

Costs are separately regulated: consumers may be required to reimburse only costs reasonably and actually incurred in asserting or recovering the claim. The calculation is provided free of charge, and its method must be explained on the consumer’s request.

The exception for lawyers, enforcement officers and notaries

The above prohibitions do not apply to the professional activities of judicial enforcement officers, lawyers and notaries (Section 13(4)).

This is not a loophole. The creditor remains bound by the general prohibition on unfair and aggressive commercial practices and the duty not to act contrary to good morals. For entities supervised by the National Bank of Slovakia, representation by a lawyer or another entity in debt management and recovery is also delegated activity subject to supervision, for which the creditor bears administrative liability.

Business-to-business relations are different

These rules protect consumers, individuals acting outside their business. They do not apply to recovery against another business, where ordinary civil and commercial law and, where relevant, unfair competition rules govern.

Our debt recovery audit and reminder system service configures a compliant process. See also what a payment demand must contain.

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. The debtor transferred assets to family members to avoid paying. Can anything be done? Yes. The Civil Code gives creditors an avoidance action: the court declares that a transaction prejudicing the creditor is legally ineffective against them. The transfer is not cancelled and the assets do not return to the debtor, but the creditor can enforce directly against the assets transferred as though the transfer had never occurred. For transfers to close persons, the law significantly eases the creditor's evidential burden; the action must be brought within three years of the transaction.
  2. The debtor says nothing is owed because it set off its own claim. Is that valid? A unilateral set-off may extinguish a debt if the mutual claims are eligible for set-off and a definite declaration has been delivered to you. Maturity is generally required, but the Commercial Code provides exceptions in Sections 359 and 360. The mere fact that a counterclaim is disputed does not make it ineligible for set-off; its existence, amount and the other conditions must be examined. If the conditions are not met, the set-off does not extinguish the debt.
  3. 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.
  4. 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.

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

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