Legal Q&A · Debt Recovery

What is a payment order and how can I challenge it?

Law as at 10 September 2026

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

Short answer

A payment order is a summary court decision requiring the debtor, without a hearing, to pay the claim and costs within 15 days or file an objection within the same period. A timely objection supported by substantive reasons sets the order aside and the dispute continues; in separate procedural joinder, however, one defendant's objection does not set the order aside against the others. Without an objection, the order becomes final and enforceable. Separate electronic payment order proceedings work similarly.

How is a payment order issued?

A payment order is a summary procedure. Where a case can be decided on facts alleged by the claimant that the court has no doubts about, particularly where supported by documents, the court may decide without a response from the defendant and without a hearing. The order requires the defendant to pay the amount claimed and costs within 15 days of service or file an objection within the same period (Section 265 of the Code of Civil Dispute Procedure). If the claimant submits the order on the prescribed form and pays the court fee, the court generally issues it within ten working days. We handle recovery through this route in our payment order and payment claim service.

What must an objection contain?

The defendant’s defence takes the form of an objection. Crucially, it must contain substantive reasons: the defendant describes the decisive facts supporting their defence and attaches documents or identifies evidence (Section 267(1)). If the objection is late, filed by an unauthorised person or lacks substantive reasons, the court rejects it by an order. However, if even one defendant files a timely objection supported by substantive reasons, the payment order is set aside in full and the court schedules a hearing (Section 267(4)). This does not apply in separate procedural joinder under Section 76: the objection affects only the defendant who filed it. We assess whether to defend the claim and how to structure the objection through our objections to payment orders and defence of defendants service.

What happens if I do not object?

If the defendant does not object, the payment order becomes final when the objection period expires (Section 268) and becomes an enforceable title. Ignoring the order is therefore dangerous: inaction leads directly to enforcement.

Electronic payment order proceedings and Czech orders

Alongside a standard payment order, separate electronic payment order proceedings are available under Act No. 307/2016 Coll.; here too, an objection must contain substantive reasons and filing it sets the order aside, subject to the same exception for separate procedural joinder (Section 11(5)). For Czech debtors, we handle the matter under Czech law through our payment order and payment claim (Czech Republic) service.

This answer provides general information on the law as at 10 September 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. An international freight invoice has a six-month payment term. When is the claim time-barred under CMR? Generally after one year. For freight charges, the limitation period starts three months after the carriage contract was concluded, not when the invoice falls due: with a six-month payment term, it is already running long before you can send a reminder. A time-barred CMR claim cannot even be raised by counterclaim or defence, so decide when to sue by reference to the contract date, not payment reminders.
  2. 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.
  3. 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.
  4. 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.

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

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