Yes, if you explain the withdrawal properly and provide evidence of payment. Payment after filing means the defendant procedurally caused the discontinuance, and the court then awards costs to you. If you withdraw without explanation, you risk the court attributing procedural responsibility to you and awarding costs to the defendant. The contents of the submission are therefore decisive, rather than the act of withdrawal alone.
You filed a claim and paid the court fee and your lawyer, and shortly after the claim was served the debtor paid. Continuing the proceedings makes no sense, but you do not want to bear the costs of bringing the claim. The procedural rules address exactly this situation, but it must be presented to the court correctly.
A claim can be withdrawn and the court will discontinue proceedings
The Code of Civil Dispute Procedure (Act No. 160/2015 Coll.) allows a claimant to withdraw a claim (Section 144). On a complete withdrawal, the court discontinues the proceedings (Section 145(1)). The defendant may object, but that objection carries weight only at later stages:
The court shall not discontinue proceedings if the defendant objects to withdrawal of the claim for serious reasons. The defendant’s objection is disregarded if the claim is withdrawn before the preliminary consideration of the dispute […] or the hearing has begun.
— Section 146(1) of the Code of Civil Dispute Procedure (unofficial English translation)
If the debtor paid only the principal and still owes interest or part of the sum, do not withdraw the entire claim. On partial withdrawal, the court discontinues only the paid portion and continues with the balance (Section 145(2)).
Procedural responsibility determines costs
If a party has procedurally caused the discontinuance of proceedings, the court shall award reimbursement of litigation costs to the opposing party.
— Section 256(1) of the Code of Civil Dispute Procedure (unofficial English translation)
On withdrawal, the court examines whose conduct caused discontinuance. If the claim was justified when filed and the defendant performed only afterwards, the defendant bears procedural responsibility: withdrawal is merely the consequence of late payment. Reimbursement of litigation costs, including the court fee and legal representation costs, then belongs to you. The converse also applies: withdrawal without reasons, or withdrawal of an unjustified claim, is treated as the claimant’s responsibility and costs are awarded to the defendant.
Explain and evidence the withdrawal
State expressly that you are withdrawing precisely because the defendant paid the claimed sum after the claim was filed. Attach dated proof of payment, usually a bank statement. What matters is that performance occurred after filing, so evidence both dates and expressly request costs under Section 256(1). The court may exceptionally decline to award costs for reasons deserving special consideration (Section 257 of the Code of Civil Dispute Procedure). This is another reason for the withdrawal to make clear that the debtor, rather than you, caused both the dispute and its end.
If the debtor has not paid everything, consider before withdrawal whether the remaining claim is at risk of becoming time-barred. We discuss the connection in when a claim becomes time-barred.
How we can help
We prepare a properly reasoned withdrawal and request for costs through court representation. In debt recovery, we monitor payments throughout the proceedings so that partial payments receive a timely and procedurally appropriate response. If litigation is only a possibility, a professionally prepared letter before action often prompts payment before any court fee is paid.
If the debtor paid after you filed the claim, do not rush into a one-sentence withdrawal. Send it to us for preparation before the court decides.
This answer provides general information on the law as at 5 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.
