You cannot charge a consumer a fixed payment reminder fee that exceeds reasonably incurred costs. You may claim from a consumer only costs reasonably incurred in pursuing or recovering the debt, and must explain how they were calculated on request. In addition to the principal, you are entitled to late payment interest. If the customer is a business, you are entitled by law to flat-rate compensation of EUR 40 for recovery costs in respect of a commercial obligation.
An online shop, repair service or subscription provider sends dozens of reminders to non-paying customers each month and wants to pass the costs on to its customers, for example by specifying a fixed charge for each reminder in its terms and conditions. For consumers, the law restricts this option. They may be charged only costs actually and reasonably incurred in recovering the debt, together with late payment interest. More flexible rules apply between businesses. However, Slovak and Czech law differ.
Consumers in Slovakia pay only reasonably incurred costs
Act No. 108/2024 Z. z. on Consumer Protection applies to anyone who, in their own name or on behalf of a creditor, recovers a debt arising from a consumer contract (Section 13(1)), including a seller who sends reminders directly. It limits the amount of costs as follows:
The following quotation is reproduced in its original language:
Osoba podľa odseku 1 môže od spotrebiteľa požadovať úhradu nákladov len do výšky účelne vynaložených nákladov, ktoré jej vznikli pri uplatnení alebo vymáhaní pohľadávky.
A statement of the amount of the costs must be provided to the consumer free of charge, and the calculation method must be explained on request (Section 13(3)). A flat-rate reminder fee that does not reflect the actual costs of preparing and sending the reminder therefore cannot be claimed to the extent that it exceeds those costs. This rule does not apply to the professional activities of judicial enforcement officers, lawyers and notaries (Section 13(4)).
A fee in the terms and conditions
A consumer contract must not contain unfair terms, meaning provisions that cause a significant imbalance in the parties’ rights and obligations to the detriment of the consumer (Section 53(1) of the Civil Code). These include, among others, terms requiring a consumer who has failed to fulfil an obligation to pay a disproportionately high penalty, or to provide performance without receiving the agreed performance in return (Section 53(4), letters k) and v)). Unfair terms are invalid (Section 53(5)). If you include a fixed reminder fee in your general terms and conditions, a court or supervisory authority may consider it an unfair term.
What you can claim from a consumer
Where payment of a monetary debt is overdue, the creditor is entitled to late payment interest unless the debtor is required to pay a statutory late payment charge (Section 517(2) of the Civil Code). The interest rate is 5 percentage points above the European Central Bank’s base interest rate applicable on the first day of default (Section 3 of Government Regulation No. 87/1995 Z. z.). Costs associated with pursuing a claim are ancillary to that claim (Section 121(3) of the Civil Code), but they too are subject to the limit of reasonably incurred costs under the Consumer Protection Act. A contractual penalty may be agreed only in writing, with its amount or the method for determining it specified (Section 544(2)), and must not be disproportionately high in a consumer contract. Flat-rate compensation under the Commercial Code does not apply to an obligation arising from a consumer contract where the debtor is a consumer (Section 369c(2)).
Where the customer is a business
For a commercial obligation, the debtor’s default entitles the creditor to flat-rate compensation for costs associated with pursuing the claim, without any separate notice (Section 369c(1) of the Commercial Code). This is a one-off amount of EUR 40, regardless of the duration of the default (Section 2 of Government Regulation No. 21/2013 Z. z.). Late payment interest rates under Slovak and Czech law are compared in the question late payment interest on an invoice between a Slovak and a Czech business.
Rules in Czechia
The Czech Civil Code (Act No. 89/2012 Sb.) entitles the creditor to late payment interest unless the debtor is not responsible for the delay (Section 1970). If the parties have not agreed a rate, it is the Czech National Bank’s repo rate applicable on the first day of the half-year in which the default began, increased by 8 percentage points (Section 2(1) of Government Regulation No. 351/2013 Sb.). The minimum recovery costs of CZK 1 200 may be claimed only for obligations between businesses and certain obligations owed by a public contracting authority (Section 3 of Government Regulation No. 351/2013 Sb.). A reminder fee in consumer terms and conditions must be assessed under the rules on unfair terms. An unfair term includes a provision imposing a disproportionate penalty on a consumer for breaching an obligation; such a term is disregarded unless the consumer invokes it (Section 1813, Section 1814(1), letter l), and Section 1815 of Act No. 89/2012 Sb.).
How we can help
We will review and amend your terms and conditions, reminders and the method used to calculate the costs you charge customers through our debt recovery audit and reminder system service. The question what a demand for payment of a debt should contain explains what must be included in a reminder sent to a consumer.
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.
