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 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.
  2. 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.
  3. 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.
  4. The lender wants the property to become theirs automatically if the loan is not repaid. Is that legal? No. An agreement concluded before the debt falls due under which the creditor would acquire ownership of the collateral is invalid by law: this is prohibited forfeiture of collateral. Courts assess the true purpose of the entire transaction, so a sale or gift agreement signed alongside a loan 'just in case' will not stand either. The creditor should obtain payment by selling the collateral and return the surplus proceeds to the debtor; the same rule applies to a transfer of rights by way of security.

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

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