Debt recovery · Czechia and Slovakia
European Account Preservation Order
The debtor is based in another EU country and you know they will transfer money out of their accounts before you obtain a judgment. A European Account Preservation Order is designed for precisely this situation: the court decides without hearing the debtor first, so the debtor learns of the freeze only once it is in place. It freezes money rather than recovering it, however, and the Regulation requires proof of a real risk. We assess whether your case meets that threshold and give you a direct answer.
- Lawyer registered with both Czech and Slovak Bars
- No advance notice of the application to the debtor
- Prospects assessed before the first step
What we'll do for you
An Account Preservation Order is a powerful tool, so the legislature attached safeguards: security, a deadline to bring the substantive claim and creditor liability for damage. We structure the work so that none surprises you.
Select an item to see the details.
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Case assessment
The court issues an order only if you prove a real risk that, without it, recovery will be prevented or substantially impeded. If you do not yet have a judgment, you must also satisfy the court that you are likely to succeed on the substance. We review what you can substantiate and say openly when it is insufficient.
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Evidence of risk
We help assemble what the court regards as risk: the debtor's behaviour towards your claim, credit history and recent dealings with assets. Non-payment or a poor financial position alone is insufficient for an order.
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Application for the order
The application uses a standard form and is decided in writing. We prepare it, including the circumstances justifying the order and a list of evidence.
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Obtaining the debtor's account information
If you have an enforceable judgment, court settlement or authentic instrument but know neither the bank nor the IBAN, the application can ask the court to approach the information authority in the state of enforcement to identify the account. That request must be justified, and we handle that work.
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Security and risks
We discuss whether the court will require security and its amount, and what creditor liability for damage caused by the freeze means. The client must understand this in advance, rather than after the order is issued.
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Subsequent proceedings
If you obtain the order before bringing a claim, proceedings on the substance must begin within a short period or the order falls away. We also handle those proceedings, in Czechia and Slovakia.
Deliverablefunds frozen in the debtor's account in another EU country and a protected position for further recovery
How it works
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- Assessmenttypically within 24 h
We explain whether the case has prospects of an order, what must be proved and the price.
- Gathering evidence
We assemble documents supporting the claim and evidence of the risk that the debtor will divert assets.
- Court application
We file the standard-form application, including any request for account information.
- Freezing and beyond
After the order is issued, we monitor its implementation by the bank and commence or continue proceedings on the substance.
No-obligation enquiry
Ready to start?
Send us an enquiry. We usually reply within 24 hours with a price confirmation and next steps. The first 30-minute consultation is free and commits you to nothing.
- 1Send your enquiry via this form
- 2Usually within 24 h you get a price confirmation and plan
- 3We start work only after your approval
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What clients ask
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What does a European Account Preservation Order actually do?
It freezes money in the debtor's account in another EU country so that they cannot transfer or withdraw it before the dispute ends. It is a protective measure rather than recovery: the funds stay in the debtor's account and reach you only on the basis of an enforceable title and its enforcement. Its purpose is to prevent a judgment in two years from being uncollectable because the account has meanwhile been emptied. The tool was introduced by Regulation (EU) No 655/2014 and applies in all Union states except Denmark, which does not participate.
Will the debtor find out we are applying for a freeze?
No, and that is what makes the tool effective. The Regulation expressly provides that the debtor is neither notified of the application nor heard before the order is issued. They therefore learn of the freeze only once implemented. The creditor pays for this surprise effect elsewhere, through security and liability for damage if the order proves unjustified.
Must we have a judgment first?
No. An order is available before proceedings on the substance begin, at any time during them, and after you have a judgment, court settlement or authentic instrument. What differs is what must be proved and how quickly the court decides. Without a judgment, you must also satisfy the court that you are likely to succeed on the claim, and the court decides by the end of the 10th working day after filing. If you already have a judgment, that step is unnecessary and the deadline is the end of the 5th working day.
We do not know which bank holds the debtor's account. Is that the end?
Not necessarily. If you already have an enforceable judgment, court settlement or authentic instrument and reason to believe the debtor has an account in a particular Member State, but know neither the bank nor the IBAN, you can ask the court in the application to request account information from that state's information authority. The request must be justified and the court rejects insufficiently reasoned requests, so this part deserves separate attention. Under certain conditions, this route is also open where the title is not yet enforceable, but the requirements are stricter.
What must we prove to the court?
That a protective measure is urgently needed because there is a real risk that, without it, recovery of your claim will be prevented or substantially impeded. Be prepared for a higher threshold than it may seem: non-payment, denial of the debt, multiple creditors or a worsening financial position are not enough on their own. The court examines the debtor's conduct, dealings with assets and circumstances suggesting that assets will be dissipated, concealed or transferred below value.
Will we have to provide security?
If you do not yet have a judgment, expect to do so. Before issuing an order in that situation, the court requires sufficient security from the creditor to prevent abuse of the procedure and compensate damage the freeze may cause the debtor; it may dispense with security only exceptionally. If you already have a judgment, security is at the court's discretion. National law determines the form, often a payment into court or a bank guarantee. We discuss an estimated amount before filing.
What if the freeze proves unjustified?
The creditor is liable for damage caused to the debtor by the order where the creditor is at fault; the debtor bears the burden of proof. However, the Regulation also specifies situations in which the creditor's fault is presumed and the creditor must rebut it, for example where the order was revoked because the creditor did not commence proceedings on the substance. This is the main reason we assess cases strictly and do not recommend this tool to some clients.
Must we bring a claim after the freeze?
Yes, if you obtained the order before commencing proceedings on the substance. You must start those proceedings and prove this to the court within 30 days of filing the preservation application or within 14 days of the order being issued, whichever is later. Otherwise, the court revokes the order or terminates its enforcement. The period may be extended at the debtor's request, for example to allow the parties to settle. We monitor this deadline and continue handling the substantive proceedings.
When is the order unavailable?
The Regulation covers monetary claims in civil and commercial cross-border matters. It does not apply to tax, customs or administrative matters, and expressly excludes claims against a debtor already subject to bankruptcy proceedings, as well as arbitration. It also excludes situations where your domicile or registered office, the court and the account are all in the same state; a domestic route applies then. The account's state is determined by the IBAN country code.
How quickly are the funds actually frozen?
After the order is issued, the bank implements it and issues a declaration of the outcome by the end of the 3rd working day after implementation, or exceptionally by the end of the 8th working day. The declaration tells you whether and to what extent funds were preserved. Overall timing is therefore driven mainly by the court's decision deadlines, calculated in working days and very short compared with ordinary court proceedings.
How much does it cost?
The price depends on whether you already have an enforceable title, whether account information must be requested and how many states are involved. We assess the case and prospects before any costs arise and confirm the price in advance. Prices are final; the firm is not VAT-registered.
Legal Q&A
Common questions on this topic
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A Slovak debtor keeps money in an account with a Czech bank. Can the account be blocked by a European order?
Yes, if the account is maintained in Czechia. Regulation (EU) No. 655/2014 treats as cross-border any case in which the account to be preserved is in a Member State other than that of the court or of the creditor’s domicile, and the Member State of the account is determined by the IBAN. A Slovak creditor applies to a Slovak court and the order is enforced in Czechia without any separate recognition. The same works in reverse for a Czech creditor and an account in Slovakia.
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Our bank has preserved our account on the basis of a European order issued in another state. How can we defend ourselves?
Against a European Account Preservation Order you have remedies that are lodged on a uniform form and at any time, not within a short deadline. Revocation or modification of the order is sought from the court of the State that issued it, for instance because the conditions were not met, the documents were not served on you in time or the debt has been paid. Release of amounts exempt from seizure and other objections to enforcement belong to the court of the State in which the account is held. You may also apply for the release of the money by providing the court with security in the amount preserved.
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A Polish customer is moving money around. Can we preserve its account with a Polish bank before we sue?
Yes, a European Account Preservation Order can be used against a Polish company and before an action is brought. The application is lodged with the court having jurisdiction to decide the dispute over the claim; for goods delivered to Poland this tends to be a Polish court, while for delivery in Slovakia under the contract, or where a Slovak court has been agreed, a Slovak court may also have jurisdiction. In Poland the order is enforced by a judicial enforcement officer (komornik) and documents for that officer must be in Polish. Without a judgment you must evidence the risk of assets being dissipated and the likelihood of success on the substance, and expect to provide security.
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Further reading
The European Account Preservation Order has been issued. What happens to the debtor's money and what the creditor must do
Issuing a European Account Preservation Order does not end the creditor's work. The bank preserves the funds and issues a declaration, the debtor receives all your evidence, and short periods start running for the creditor to release any excess and to bring an action. An overview of the steps after the order is issued, for companies that have obtained one or are considering it.
Read more →
A Polish customer is not paying: which European tools work and when a Polish court is needed
Against a Polish company, a Slovak or Czech creditor has more tools available than simply suing in Poland: the European order for payment, the small claims procedure, an account preservation order and enforcement of a Slovak judgment without recognition. Which of them to choose depends on whether the debtor disputes the claim, how large it is and whether the assets may disappear.
Read more →
A Czech company with a Slovak debtor: four rules that work differently in Slovakia
A Czech company recovering an invoice in Slovakia naturally proceeds on Czech habits. Slovak law, however, ties costs to a pre-action demand differently, regulates the debtor's defence against a payment order differently, allocates the enforcement officer differently and calculates accessories differently. An overview for creditors from Czechia before the first step.
Read more →