Debt recovery · Czechia and Slovakia
Debt recovery
Recovery is a decision, rather than a single act. We first check what you can prove and whether the debtor can pay, then choose the shortest route to payment. Sometimes that is a demand; at other times a payment order, claim or insolvency filing. If the documents or recoverability do not justify proceeding, we tell you before you invest more money.
- Evidence and recoverability first
- Lawyer registered with Czech and Slovak Bars
- Approach and price confirmed in advance
What we'll do for you
We structure recovery around the initial assessment. We confirm each further step before any costs arise, and say so if a step makes no sense.
Select an item to see the details.
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Legal basis and evidential chain
We review the entire chain: contract → delivery or handover → invoice → due date → demands → payments. This is where it is determined whether a claim stands up in court. An invoice alone is generally insufficient to prove that a debt arose.
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Claim amount, including ancillary claims
We calculate principal, default interest, contractual penalties, fixed compensation for recovery costs and litigation costs, removing duplicates the court might reduce.
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Limitation
We establish the applicable rules and start of the period, and check whether anything interrupted it. Slovakia has a general four-year limitation period for commercial relationships, while a three-year period generally applies in Czechia. In Czech–Slovak trade, this difference frequently causes unnecessary loss of claims. For the sale of goods between a Slovak and a Czech company, limitation is governed by the Convention on the Limitation Period in the International Sale of Goods (Decree No. 123/1988 Coll.) and the period is four years for both sides.
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Debtor searches and recoverability
We check the debtor and statutory officers in public registers, financial statements and enforcement or insolvency records. If the debtor cannot pay, recovery costs may exceed what can realistically be collected. You learn this before filing, rather than afterwards.
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Choice of procedure and recommendation
Based on evidence and recoverability, we recommend a demand, debt acknowledgement and instalments, electronic payment order proceedings, a claim, enforcement or an insolvency filing. We include a realistic scenario for the debtor's defences.
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Handling the chosen route
We pursue the chosen approach to its conclusion: submissions, court communication, deadlines and subsequent steps. In Czechia and Slovakia through one firm, without transferring the file.
Deliverableassessment of the claim and recoverability with a recommended approach, followed by the chosen recovery route through to collection
How it works
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- You send the documentsday 0
Email us the invoices, contract and correspondence with the debtor. No sorting or translation is needed.
- Assessment of evidence and recoverabilitytypically within 24 h
We check the evidential chain, limitation and the debtor's assets. The result is a recommended route and price, or an honest recommendation not to proceed.
- The chosen route
Depending on your decision, a demand, payment order or claim follows. Most matters end before reaching a hearing.
- Recovery
After obtaining an enforceable title, we proceed to enforcement. If the debtor becomes insolvent meanwhile, we lodge the claim in the proceedings and monitor deadlines.
Most creditors ask, ‘How do I recover an invoice?’ A better question is: what can I prove, what can the debtor pay from, and which procedure will get me paid at the lowest cost? The answers to these three questions determine the outcome more than the filing itself, and can be found before costs arise.
What we check before filing anything
- Legal basis: exactly what was agreed and performed, and who is the creditor and debtor. After assignment, also whether you can prove that the claim belongs to you.
- Evidential chain: contract → order → delivery or handover → invoice → due date → demands → payments. The most frequently missing link is evidence of delivery.
- Claim amount: principal, default interest, contractual penalty, fixed compensation for recovery costs and litigation costs, without duplicates.
- Limitation: applicable rules, when the period began and whether anything interrupted it. Slovakia has a general four-year period for commercial relationships; Czechia generally applies three years; for the sale of goods between a Slovak and a Czech company, both sides are subject to the four-year period under the Convention on the Limitation Period in the International Sale of Goods (Decree No. 123/1988 Coll.). If the right is already time-barred, another reminder alone generally does not restore court recoverability.
- Recoverability: searches concerning the debtor and statutory officers in registers, accounts and enforcement or insolvency records. Most creditors skip this part and then pay for a title that produces nothing.
Recovery routes and when each makes sense
Out-of-court recovery. If you want to preserve the business relationship or avoid court for now, out-of-court recovery takes over debtor communication: regular reminders, instalment negotiations and a debt acknowledgement with safeguards, while a lawyer monitors deadlines.
Letter before action. The most affordable and quickest form of pressure. A demand on a lawyer’s letterhead shows the debtor that court proceedings are next and that inaction adds interest and costs. Some claims are paid at this stage. See letter before action demanding payment for details.
Electronic payment order procedure and payment order. For undisputed monetary claims supported by good evidence. The court decides without a hearing, the procedure is quicker and cheaper than an ordinary claim, and once final you have an enforceable title. See letter before action and court recovery in Slovakia or, for Czech debtors, letter before action and payment order in Czechia.
Claim for payment. When the debtor lodges opposition or the matter is disputed from the outset over defects, price or set-off. An evidence plan and realistic assessment of costs and prospects matter more than a form. You receive these before filing.
Enforcement. A final payment order or judgment is an enforceable title. We prepare an enforcement application with a breakdown of principal and ancillary claims and monitor asset searches. See recovery through enforcement for details.
Lodging an insolvency or bankruptcy claim. If the debtor becomes insolvent, individual recovery loses its purpose and timely filing is decisive. That is why we monitor the debtor throughout proceedings too.
Cross-border recovery. A debtor in another country is not a lost claim: the procedure changes, rather than recoverability. As a firm with a lawyer registered with both Czech and Slovak Bars, we handle both countries ourselves. See cross-border debt recovery CZ ↔ SK, or go directly to debt recovery in Slovakia and debt recovery in the Czech Republic. For Polish debtors, we coordinate recovery in Poland with our regular Polish lawyer.
An honest view of recoverability
Recovery is not always worthwhile. Some claims involve proceedings costs greater than what can realistically be recovered: a debtor without assets, an empty shell or a company approaching removal from the register. We do not promise recovery because it is beyond our control; we promise to tell you before filing, rather than afterwards. If the assessment is unfavourable, we recommend taking the claim no further. That too is an outcome that saves you money.
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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Is an unpaid invoice enough for recovery?
Generally not. An invoice is an accounting document, rather than proof that a debt arose. In court, you need to substantiate the whole chain: what was agreed, that you performed, when the price was due and what the debtor paid. Evidence of delivery or acceptance is most often missing. That is why every matter starts with the evidential chain, rather than a filing.
When does a claim become time-barred?
It depends on the rules governing the obligation and when the period began. For commercial relationships in Slovakia, the general limitation period is four years (§ 397 of the Commercial Code), running from the due date for a right to performance. In Czechia, a three-year period generally applies under § 629 of the Czech Civil Code, a difference that costs claims in trade with Czech partners. For the sale of goods between a Slovak and a Czech company, however, neither applies — limitation is governed by the Convention on the Limitation Period in the International Sale of Goods (Decree No. 123/1988 Coll.) and, under its Article 8, the period is four years. We check the deadline immediately, because limitation cannot be repaired retrospectively.
When should I choose a payment order and when a claim?
Payment orders and the electronic payment order procedure are intended for undisputed monetary claims with strong evidence. They are quicker and cheaper, and the court decides without a hearing. If the debtor lodges opposition, or we already know the matter will be disputed over defects, set-off or price, a claim with a proper evidence plan makes sense. We recommend the route based on the documents.
Can I claim default interest and recovery costs?
Yes. Default interest is generally claimed alongside the principal and, for commercial obligations, fixed compensation for recovery costs. Successful court recovery also allows a claim for costs of proceedings, including legal representation. How much you will actually receive depends on recoverability, which is precisely why we check it in advance.
What if the debtor has paid part of the debt?
We continue recovering the balance, but partial payment has another dimension. Depending on the circumstances, it may amount to acknowledgement of the remaining commercial obligation and affect limitation. The Supreme Court of the Slovak Republic confirmed this in decision 4Cdo/33/2024, while also holding that acknowledgement by a guarantor does not itself restart limitation for the principal obligation. The effect is therefore not automatic: we assess partial performance individually according to what the debtor paid and how they communicated it.
What if the debtor has no assets or is in bankruptcy?
The tool then changes. If the debtor is insolvent, individual recovery is ineffective and timely lodging of a claim in insolvency or bankruptcy proceedings is decisive. Even partial payment is better than a missed deadline. If assets simply do not exist, we tell you openly and recommend taking the claim no further. We do not promise recovery beyond our control.
Legal Q&A
Common questions on this topic
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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.
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How should I recover an unpaid invoice?
Invoice recovery follows an established sequence: check the debtor and limitation period, send a pre-action payment demand specifying principal and interest, apply for a payment order through ordinary or electronic payment order proceedings if unsuccessful, and begin enforcement once an enforceable title is obtained. Most cases are resolved by a lawyer's demand; court and enforcement are later stages.
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How does a contractual penalty work, and is it enforceable?
A contractual penalty is a monetary sanction for breach of a contractual obligation. It is valid only if agreed in writing with a specified amount or at least a calculation method. The creditor is entitled to it even without loss, but generally cannot claim damages alongside it unless otherwise agreed. A court may reduce an excessively high penalty on application.
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Further reading
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. In Czechia, a director who has not compensated the company for the loss caused is liable as a guarantor for its debt and is also liable for a late insolvency petition.
Read more →
Limitation under the Civil Code bill: generally three years
The Civil Code bill would unify civil and commercial limitation rules under a general three-year period. For new contracts, commercial creditors would lose the fourth year unless they agree a longer period, which is a reason to adjust internal processes.
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 →