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Debt recovery

Debt recovery in practice

A customer has not paid an invoice for months, an acquaintance will not repay a loan, or a tenant has left owing rent. Creditors come to us when phone calls and reminders have failed and they want to know whether, and how, the money can be recovered. We pursue monetary claims arising from commercial and works contracts, loans, tenancies, compensation for damage and unpaid wages, including claims of foreign creditors against Slovak debtors.

We start by assessing recoverability: the legal basis of the claim, the evidence, limitation periods and whether the debtor has the means to pay. If recovery makes no economic sense, we tell you. Then we proceed in three stages: a pre-action letter, an application for a payment order or a court claim, and finally enforcement. If the debtor wants to pay in instalments, we suggest security, such as a notarial deed with an enforcement clause or a charge over assets.

We work for companies, sole traders and private individuals. Our office is in Žilina, and because courts and bailiffs in Slovakia work electronically, we recover debts nationwide regardless of where the debtor lives. We can discuss your case in person or online, in Slovak, Czech or English. For claims between businesses, a fee linked to the outcome can often be agreed. Before we start, you always know what you will pay and what you can claim back from the debtor.

What we help with

  • Assessing recoverability and limitation periods
  • Pre-action letters with a calculation of late payment interest
  • Applications for a payment order
  • Court claims for payment and representation at hearings
  • European payment orders for cross-border claims
  • Enforcement applications and dealing with bailiffs
  • Acknowledgements of debt and secured instalment plans
  • Filing claims in insolvency proceedings

How we work

  1. Assessing the claim

    Send us the contract, invoices and correspondence with the debtor. We assess the chances of recovery, the limitation period and the costs, and propose a course of action.

  2. Pre-action letter

    We send the debtor a demand with a deadline for payment. The letter is also a condition for the court to award you costs in any later dispute.

  3. Payment order or claim

    If the debtor does not pay, we apply for a payment order (Section 265 et seq. of the Slovak Civil Dispute Procedure Code). If the debtor objects or the claim is disputed, we bring a full claim and represent you at the hearing.

  4. Enforcement and invoice

    Once the decision is enforceable, we apply for enforcement and follow its progress. We transfer the recovered money to you with a statement of principal, interest and costs.

Worth knowing

Limitation: 3 or 4 years

A civil law claim becomes time-barred after 3 years (Section 101 of the Slovak Civil Code), a commercial law claim after 4 years (Section 397 of the Slovak Commercial Code).

Awarded or acknowledged debts: 10 years

A right awarded by a court, and a debt the debtor has acknowledged in writing, become time-barred after 10 years (Section 110 of the Civil Code).

Pre-action letter and costs

Under Section 142(2) of the Civil Dispute Procedure Code, a pre-action letter is a precondition for recovering legal costs. Without one, the court may refuse to award costs even if you win.

Common questions

  • A pre-action letter is an inexpensive step and often leads to payment without going to court. For a payment order the creditor pays the court fee up front, and if successful the court orders the debtor to reimburse it along with legal costs. In practice, you will only recover them from a debtor who has the means to pay.
  • A pre-action letter usually takes 2 to 4 weeks, contested court proceedings 6 to 18 months and enforcement 6 to 24 months, depending on the debtor's assets.
  • The bailiff investigates, and if nothing is found, enforcement is suspended. The debtor's situation may change, for example when they find work. A debt awarded by a court only becomes time-barred after 10 years.
  • A lawyer can represent you in court and in enforcement, is bound by statutory confidentiality and carries mandatory insurance. A collection agency cannot represent you in court.
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Discuss your matter with a lawyer

In a consultation we assess your situation, suggest a way forward and tell you what costs to expect.

€90 incl. VAT, 30 minutes, in person or online

This page is for general information, reflects Slovak law at the time of writing and is not a substitute for advice on your particular matter.