Debt recovery · Czechia and Slovakia
Acknowledgement of debt and instalment plan
We prepare an acknowledgement of debt and instalment plan to strengthen your position as creditor. They reverse the burden of proof, generally extend the limitation period and, if the agreed and statutory conditions are met, allow you to recover the entire debt at once. We can also combine them with a notarial deed that constitutes an enforceable title.
- Reversed burden of proof
- Longer limitation period
- Fees agreed in advance
What we'll do for you
Preparation of an acknowledgement of debt and instalment plan for the Czech and Slovak sides, including provisions for any subsequent recovery.
Select an item to see the details.
-
Initial consultation
We assess the claim, the limitation risk and what can be proved about the claim. This determines the content of the acknowledgement.
-
Acknowledgement of debt
A written acknowledgement of the basis and amount of the debt, affecting the burden of proof and limitation period.
-
Instalment plan
The debt is divided into instalments with an acceleration clause: we tailor the conditions for acceleration to the applicable legal regime, including consumer protection.
-
Security and penalties
Default interest and, where appropriate, a contractual penalty or further security to give the debtor an incentive to pay.
-
Notarial deed on request
Documentation for a notarial deed constituting an enforceable title, so you can apply directly for enforcement if payments stop.
-
Delivery of documents
You receive the final documents ready for signature, with an explanation of their legal effects.
Deliverablesigned acknowledgement of debt with an instalment plan
How it works
Does this process fit your matter? Describe it to the attorney →
- Consultationday 0
We review the claim, the evidence supporting it and the limitation risk, and propose the strongest solution.
- Preparation of documents
We prepare the acknowledgement of debt and instalment plan, and where appropriate documentation for a notarial deed.
- Signature and securityat your convenience
We coordinate signature by the debtor, before a notary where appropriate, and deliver the complete documentation.
No-obligation enquiry
Ready to start?
Send us an enquiry. We 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
- 2Within 24 h you get a price confirmation and plan
- 3We start work only after your approval
Not keen on calls or email? Message us on WhatsApp →
Prefer to book a time right away? Book a consultation →
Or email us about this matter.
What clients ask
Didn’t find your question? Ask us directly →
What is an acknowledgement of debt for?
If the debtor acknowledges the basis and amount of a debt in writing, the law presumes that the debt existed at the time of acknowledgement. In practice, this reverses the burden of proof: in any dispute, you no longer have to prove that the debt exists; the debtor must prove that it does not.
Does an acknowledgement of debt extend the limitation period?
It depends on the applicable legal regime. For a civil obligation in Slovakia, a written acknowledgement of the basis and amount of the debt may establish a ten-year limitation period; if it specifies a deadline for performance, the period runs from the expiry of that deadline. Under the commercial regime, a new four-year period generally begins. We verify the precise effect of the acknowledgement according to the obligation and the document's contents; we assess the Czech regime separately.
What is an acceleration clause?
It is a right to demand the outstanding balance before its original due date if the repayment terms are breached. Both the agreed and statutory conditions must be met. Slovak consumer contracts are subject to the special conditions in § 53(9) and (10) of the Civil Code; a single missed instalment does not automatically make the entire debt due. We tailor the clause to the specific obligation.
What is the difference between a debt acknowledgement and a notarial deed?
An acknowledgement of debt strengthens your evidential position, but you still need to bring a claim if payments stop. A notarial deed constituting an enforceable title allows you to apply directly for enforcement without litigation. We often combine the two by recording the debt acknowledgement directly in a notarial deed.
What if the debtor stops paying instalments?
If the agreed and statutory conditions for acceleration are met, you can demand the whole balance at once. With a notarial deed constituting an enforceable title, you apply directly for enforcement; otherwise, we apply for a payment order or bring a claim. We can handle the entire process for you.
Legal Q&A
Common questions on this topic
-
When does a claim become time-barred?
An ordinary civil claim becomes time-barred after three years; a claim between businesses arising from a commercial relationship after four. Time runs from when the right could first be exercised, generally when due. Limitation does not extinguish the claim, but if the debtor raises it in court, the court will not award the time-barred right. For consumer agreements, however, Section 54a precludes enforcement of a time-barred right even without such a defence. Debt acknowledgement and timely pursuit in court affect limitation differently under the applicable regime.
Read the answer -
Why should a debt acknowledgement be in a separate document?
Because a court treated a form combining debt acknowledgement with other transactions, whose hidden purpose was to extend limitation, as an unfair commercial practice and the acknowledgement itself as absolutely invalid for conflict with good morals. An acknowledgement of a time-barred debt also has effect only if the debtor knew it was time-barred. The consumer must therefore receive clear information about limitation and its consequences, preferably in the same document.
Read the answer -
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.
Read the answer
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.
Read more →
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 →