In this practice
We combine in-depth legal expertise, practical experience and an individual approach to each case to recover the amounts owed quickly and to minimise the risks to your business.
Out-of-Court Debt Collection
Our approach includes a range of out-of-court methods, such as:
- Sending reminder letters and formal demands for voluntary payment;
- Negotiating with debtors and drawing up debt rescheduling agreements;
- Running early-settlement campaigns with a discount to reduce outstanding debts quickly and improve the creditor's liquidity;
- Facilitating communication and mediation between creditor and debtor to achieve voluntary payment.
Court Proceedings
If the debtor refuses to pay voluntarily, we move on to court proceedings, including:
- Order for payment proceedings, followed by obtaining a writ of execution;
- Claims before the competent courts, including representation at every instance;
- Building the necessary body of evidence and assisting until the dispute is finally resolved.
Enforcement Proceedings
We provide effective support at the stage of compulsory collection, including:
- Thorough searches of public registers for the debtor's assets;
- Garnishment of bank accounts, salaries and the debtor's receivables from third parties;
- Attachment of real estate and other assets;
- Representation and assistance in public auctions of the debtor's assets to satisfy the claims.
Insolvency Proceedings
Where the debtor becomes insolvent, our team provides:
- Lodging and defending creditors' claims in the insolvency proceedings;
- Active communication with the trustee and assistance throughout the proceedings;
- Analysis of the insolvency estate and of the options for satisfying creditors effectively.
Criminal Law Protection for Creditors
We protect creditors in cases of offences under Art. 227b of the Criminal Code, including:
- Filing reports with the prosecution service where there is evidence of an offence by the debtor;
- Legal representation and assistance in criminal proceedings concerning the concealment of assets and evasion of debts.
Reporting and Collection Analysis
We provide our clients with detailed reporting and analysis, including:
- Detailed, regular reports on every stage of the collection process;
- Analysis of effectiveness and recommendations for optimising collection procedures;
- Individual plans to improve the collection of future receivables and reduce the risk of late payment.
Our mission is to ensure the most effective recovery of your receivables and full legal certainty in your dealings with your counterparties.
Frequently asked questions
What are the stages of recovering a debt under an unpaid invoice?
The process usually goes through a demand for voluntary payment, order for payment proceedings before the court, claim proceedings if necessary, and finally enforcement through a bailiff. The debtor may pay voluntarily at any stage, which is why the early steps often resolve the dispute without compulsory enforcement.
What out-of-court options does a creditor have before suing a non-paying debtor?
Outside court, the creditor can send a demand for voluntary payment, negotiate a payment plan, set off mutual claims, assign the receivable to a third party or use factoring. The right option depends on the amount of the debt, the written evidence available and the debtor's financial position.
What is the difference between order for payment proceedings and claim proceedings?
Order for payment proceedings (under Art. 410 or Art. 417 of the Civil Procedure Code) are faster and cheaper: the state fee is 2% of the claim rather than 4% in claim proceedings. They give the creditor a writ of execution if the debtor does not dispute the debt in time. If the debtor objects, the case moves to claim proceedings, where the debt is proven under the general rules.
What is the limitation period for a claim, and does a demand for payment interrupt it?
The general limitation period for commercial and civil claims is five years, and three years for periodic payments. Sending a demand for voluntary payment does not interrupt the limitation period; an active enforcement step is required. If the creditor does not request any enforcement action for two years, the enforcement proceedings are terminated by operation of law.
What happens if the debtor has no assets that can be enforced against?
The case does not close automatically. The bailiff may periodically run new searches for the debtor's bank accounts, income and assets. Under Art. 446a of the Civil Procedure Code, the exempt part of income (salary, pension) up to the amount of the minimum wage remains protected even when paid into an account, but only if it is not left unwithdrawn for more than a month. The case remains pending within the limitation period and may be revived if assets are found.
