Debt recovery · Slovakia
Opposition to a payment order and defence of the defendant
A payment order is not a document you can put aside for later. If you do not lodge substantiated opposition within 15 days of service, it becomes final and the claimant can go straight to an enforcement officer. We assess the claim and your prospects, prepare opposition and tell you frankly whether litigation is worthwhile or seeking agreement is wiser.
- Immediate assessment of deadlines and prospects
- A frank view on whether defending is worthwhile
- Fees agreed in advance
What we'll do for you
Defence of the defendant from the first assessment until the matter ends, through litigation or agreement. Before we file anything, you receive a realistic assessment of prospects and costs risk.
Select an item to see the details.
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Assessment of the claim and deadline
We check when the order was served, when the deadline expires and whether the claim is strong, weak or time-barred in legal and evidential terms.
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Substantiated opposition
The court rejects opposition without substantive reasons and the order becomes final. We prepare opposition describing the decisive facts and identifying the evidence, as required by law.
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Defence strategy
Limitation, payment, defective performance, set-off of a counterclaim or lack of standing: we select the defences that genuinely hold up in your case and support them with evidence.
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Representation following opposition
Timely, reasoned opposition sets aside the payment order and the matter continues as an ordinary court dispute. We take over statements, hearings and communication with the court.
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Settlement or instalment negotiations
If the claim is wholly or partly justified, we tell you frankly and, instead of a lost case with costs, try to agree a settlement, reduced ancillary claims or an instalment plan with the claimant. An agreement is always bilateral: it cannot be imposed without the other party's willingness. A special application for instalments in respect of an order that is not opposed is available in the electronic payment order procedure under the statutory conditions. After hearing the case, the court may, in a justified case, also order payment by instalments in its judgment (see the questions below).
Deliverablesubstantiated opposition filed on time and a defence plan; if the claim is justified, a proposed settlement or instalment plan
How it works
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- You send the order and documentsday 0
Email the payment order, contracts and supporting documents. We promptly confirm the deadline, possible defences and the cost of defending.
- Opposition or agreementwithin the opposition period
Following the agreed strategy, we lodge substantiated opposition or approach the claimant with a settlement proposal. Opposition safely meets the deadline and negotiations can continue afterwards; however, the special application for instalments in the electronic payment order procedure is incompatible with opposition, so the decision must be made before filing.
- Proceedings or settlement
After opposition, the matter continues as an ordinary dispute and we represent you until the decision. If you reach agreement with the claimant meanwhile, the case ends in a settlement and you have certainty about the final amount.
A payment order looks unremarkable: a few pages from the court, no hearing, no questioning. That is precisely its danger. The court issued it solely on the claimant’s assertions, without hearing your side of the story. If you do not lodge opposition within 15 days of service, the order becomes final and the claimant holds an enforceable title, just as if you had lost the entire case at a hearing.
Defending is not merely a formality. Opposition must contain substantive reasons: you must describe the facts supporting your defence and identify the evidence, otherwise the court rejects it. Undelivered goods, defective work, an invoice already paid, a time-barred or fabricated claim, or a counterclaim available for set-off are all defences we can substantiate and raise. If the claim is justified, we tell you just as openly: losing a case means also paying the other side’s costs, so sometimes the best defence is a well-negotiated instalment agreement.
The decision between opposition and agreement must be made within the same 15-day period. Opposition safely meets the deadline and negotiations with the claimant can continue afterwards, but an instalment agreement or settlement always depends on their consent and cannot be imposed. A special application for instalments in respect of an order that is not opposed is available in the electronic payment order procedure: under § 13 of Act No 307/2016 Z. z. on the Electronic Payment Order Procedure, it is available only where the defendant is an individual, neither disputes the claim nor lodges opposition, the amount awarded including costs exceeds the minimum wage and does not exceed 2 000 euros, the debt is repaid in no more than ten monthly instalments, and a first instalment of at least 50 euros has been paid and evidenced. This application is incompatible with opposition. After hearing the case, however, the court may, in a justified case, also order payment by instalments in its judgment under § 232 of the Code of Civil Contentious Procedure. Send us the order as soon as it arrives; we promptly confirm what is realistic in your case.
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- 1Send your enquiry via this form
- 2Within 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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How much time do I have to lodge opposition?
For a payment order under the Code of Civil Contentious Procedure and an order in the electronic payment order procedure, you have 15 days from service. Within that same period, you must either pay or lodge opposition. The deadline cannot be extended, so contact us as soon as the order arrives.
Is it enough to write that I disagree with the claim?
No. Opposition must contain substantive reasons. You must describe the decisive facts supporting your defence and attach or identify evidence. The court rejects opposition without substantive reasons and the payment order becomes final, as though you had not defended at all. Only for consumers does the court assess the reasons more leniently.
What happens if I ignore the payment order?
When the opposition period expires without action, the order becomes final and enforceable, an enforceable title equivalent to a judgment. The claimant can then apply for enforcement, and the costs of proceedings and enforcement are added to the debt. Ignoring it is the most expensive possible response.
What happens after opposition is lodged?
Timely and substantiated opposition sets aside the payment order in full and the matter continues as ordinary court proceedings. The court requests statements and usually lists a hearing. That is where the evidence is decided, so it makes sense to have the defence worked out when lodging opposition, rather than devising it afterwards.
The claim is partly justified. Is defending worthwhile at all?
We answer that question before any costs arise. The losing party generally also pays the other side's costs, so defending a clearly justified claim does not pay. However, a solution between the extremes is common: opposition to the disputed part, acknowledgement of the undisputed part and agreement on instalments or reduced ancillary claims. We propose the option with the best balance of risk and costs.
Can I ask for instalments instead of lodging opposition?
Not always. A special application for instalments in respect of a payment order that is not opposed is available in the electronic payment order procedure, and the law imposes several cumulative conditions: the defendant must be an individual, must not dispute the claim or lodge opposition, the amount awarded including costs must exceed the minimum wage but must not exceed 2 000 euros, the debt must be repaid in no more than ten monthly instalments, and after service of the order you must pay the claimant a first instalment of at least 50 euros and provide proof to the court. The application uses the prescribed form within the same period as opposition, and missing even one instalment causes the loss of the right to pay by instalments. If you do not meet the conditions, or the order was issued under the Code of Civil Contentious Procedure, you may negotiate an agreement directly with the claimant, which requires their consent. After hearing the case, the court may, in a justified case, also order payment by instalments in its judgment under § 232 of the Code of Civil Contentious Procedure. The conditions are set out in § 13 of Act No 307/2016 Z. z. on the Electronic Payment Order Procedure.
Legal Q&A
Common questions on this topic
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What is a payment order and how can I challenge it?
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.
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We signed an agreement with an arbitration clause. Can the dispute still be brought before an ordinary court?
In a business-to-business relationship, lack of jurisdiction must be raised promptly during the arbitration. If the tribunal makes a preliminary ruling confirming jurisdiction, an application to the court must be filed within 30 days after delivery of that ruling; an action to set aside the award generally has a 60-day period from delivery and is limited to statutory grounds. Enforcement review is narrower and does not replace a missed objection that the arbitration agreement is invalid or non-existent. An application to stop enforcement filed within 15 days after notice has suspensive effect, but it must rely on a permissible enforcement ground.
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What must an objection to a payment order contain to avoid rejection?
The objection must be timely, filed by an authorised person and substantively reasoned: describe the decisive facts supporting your denial of the claim and identify evidence. Case law can accept a brief challenge, but bare disagreement with the order, financial hardship or acknowledging the debt while requesting instalments is insufficient. The court rejects an unreasoned objection by order, and the payment order becomes final.
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Further reading
Debt recovery audit: eight questions showing how much money your business leaves uncollected
Invoices becoming time-barred this year, unclaimed interest and fixed compensation, reminders without legal effect and insolvencies discovered too late. Eight questions reveal where recovery loses money, with links to detailed guidance.
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When a director pays the company’s debts: three routes for creditors
A claim against an empty s.r.o. may still be recoverable. Slovak law allows creditors to claim damages directly for a late bankruptcy petition and to pursue the company’s claim against its managing director. Czech law provides statutory liability for company debts and late insolvency petitions.
Read more →
Damages under the new rules: what can and cannot be agreed
The new Civil Code addresses long-disputed questions about damages: advance waivers, disguised late-payment interest and non-pecuniary claims for breach of contract. Liability limitation clauses will have clear rules.
Read more →