Yes, if a notary draws up the agreement and the debtor expressly consents to its enforceability. In Slovakia, such a notarial deed is an enforceable instrument; in Czechia, this takes the form of a notarial deed containing consent to enforceability. If the debtor fails to pay, the creditor applies directly for enforcement instead of bringing a lawsuit. An ordinary acknowledgment of debt is not an enforceable instrument, even if the debtor’s signature is officially certified or the document has been authorised by an attorney.
The debtor acknowledges the debt and proposes paying in instalments. The creditor wants to begin enforcement if an instalment is missed, without first bringing a lawsuit. Although a written acknowledgment of debt strengthens the creditor’s evidential position, an application for a payment order or a civil action is still necessary if the debtor fails to pay. The creditor can avoid litigation over the debt if a notary draws up the agreement and the debtor consents to its enforceability. Even then, the process is not entirely free of court involvement: in Slovakia, the court examines the enforcement application before authorising an enforcement officer to act (Section 53(1) and Section 55(1) of the Enforcement Code). However, there is no need for proceedings in which the court first determines whether the debtor owes anything and, if so, how much.
A notarial deed in Slovakia
The Enforcement Code (Act No. 233/1995 Z. z.) includes among enforceable instruments a notarial deed that contains a legal obligation, identifies the creditor and debtor, the legal basis, the subject matter and time for performance, and records the debtor’s consent to enforceability (Section 45(2), letter c)). No certificate of enforceability is required for such a deed (Section 46(2)). However, the law limits what may be recovered under the deed. A contractual penalty cannot be recovered in this way, and where the obligation arises from the provision of funds, for example a loan, only the amount provided and default interest may be recovered (Section 45(3)).
For instalments, the wording of the clause accelerating the outstanding balance is crucial. If the entire debt becoming due is conditional on failure to pay an instalment, the following applies:
The following quotation is reproduced in its original language:
Ak sa to, čo exekučný titul ukladá povinnému, viaže na splnenie podmienky alebo na splnenie vzájomnej povinnosti oprávneného, možno vykonať exekúciu, len ak oprávnený preukáže, že sa podmienka splnila alebo že svoju vzájomnú povinnosť voči povinnému sám už splnil, prípadne jej splnenie zabezpečil.
In the application, the creditor declares that the condition has been fulfilled, identifies the evidence and attaches a document demonstrating this (Section 48(3), letter j), and paragraph (4), letter c)). The acceleration clause must therefore be drafted so that fulfilment of its conditions can be documented, for example by a bank statement and written notice of acceleration. The court dismisses the application if the deed does not meet the statutory requirements or if the obligation it contains is contrary to law or accepted principles of morality (Section 53(3), letter h)).
What does not create an enforceable instrument
A private document acknowledging a debt is not among the enforceable instruments listed in Section 45 of the Enforcement Code. It does not become one even if the debtor’s signature is officially certified or the document has been authorised by an attorney. This is not changed by Act No. 29/2026 Z. z., effective from 17. 8. 2026, which extended attorney authorisation to further documents in commercial law. It did not amend the Enforcement Code, whose current wording has applied since 27. 12. 2025.
An ordinary acknowledgment of debt still has legal significance. It reverses the burden of proof and affects limitation periods. However, if the debtor fails to pay, the debt must be pursued in court. How to draft the acknowledgment and structure the acceleration clause is explained in the question on how to draft an acknowledgment of debt and an instalment schedule.
A notarial deed in Czechia
The Czech Enforcement Code (Act No. 120/2001 Sb.) includes a notarial deed containing consent to enforceability among enforceable instruments (Section 40(1), letter d)). It does not include a private document bearing a certified signature. The Czech Notarial Code (Act No. 358/1992 Sb.) sets out the requirements for the deed in two forms:
- An acknowledgment of a monetary debt must contain, in addition to the amount of the debt, its legal basis, the identity of the creditor, the payment deadline and the debtor’s obligation to pay by that deadline (Section 71a(2)).
- An agreement to satisfy a claim arising from a legal relationship involving obligations identifies the parties, the facts giving rise to the claim, the subject matter and time for performance, and the debtor’s consent to enforceability. It may also contain conditions on which performance depends (Section 71b(2) and (3)).
A Czech deed should likewise clearly specify the due date of each instalment and the condition under which the outstanding balance becomes due.
How we can help
Through our acknowledgment of debt and instalment schedule service, we will prepare an acknowledgment of debt with an instalment schedule and an acceleration clause so that a notary can incorporate it into a deed containing consent to enforceability. The requirements for the deed, restrictions on recoverable claims and the most common mistakes are discussed in greater detail in the article on an acknowledgment of debt in a notarial deed as an enforceable instrument.
This answer provides general information on the law as at 3 October 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.
