Debt Recovery for Individuals
Is a debtor not paying, or is the other party not fulfilling the contract? I will help you get what you are legally entitled to, efficiently and without unnecessary delay.
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Ing. Mgr. Tomáš Beneš, attorney
Czech Bar Association reg. no. 20354 · Updated 22 July 2026
What I can do for you
Debt recovery is a process that runs from a demand letter through a lawsuit to enforcement. A good lawyer chooses the approach that recovers the debt fastest and most cheaply.
- ✓Pre-action letter demanding payment
- ✓Lawsuit for payment (payment order)
- ✓Enforcement against wages, a bank account or real estate
- ✓Debtor insolvency: registering your claim
- ✓A lien as security for the claim
- ✓Acknowledgement of debt: how to secure a claim in advance
How I recover debts and what to expect from working with me
Debt recovery generally goes through three stages: pre-litigation (a demand letter), court (a payment order or lawsuit) and enforcement. At every stage I choose the fastest and most effective route. The court typically issues a payment order within weeks to a month and the whole process takes only a few months. For undisputed claims, the success rate is very high. Legal representation costs are borne by the debtor if the court rules in your favour, so debt recovery typically costs you nothing extra.
Step by step: how debt recovery works
First I ask you for the documents relating to the debt, the contract or order, the invoice showing the due date, proof of performance, and all communication with the debtor. If the debtor does not respond to an informal reminder, I send a pre-action letter; under Section 142a of the Code of Civil Procedure it must be delivered at least 7 days before the lawsuit is filed, otherwise the court may not award you costs of proceedings. For undisputed claims I use the electronic payment order (Section 174a of the Code of Civil Procedure); the court decides without a hearing and the debtor has 15 days to object. If they do not object, the order becomes final and is an enforceable title, on the basis of which a bailiff can proceed with deductions from wages, freezing a bank account, or selling assets.
Typical client situations in Prague
I am most often approached in two situations: a private loan between individuals, where nothing is in writing apart from text messages, and an unpaid invoice for small-scale business or a rental, where the paperwork is usually stronger. For private loans, the key is to document at least indirect evidence (proof of a transfer, messages acknowledging the debt); for invoices, I check that all mandatory details are present and that it matches the order. In both cases, the sooner you act, the better your prospects, whether because of the limitation period or because the debtor has not yet lost the assets you could otherwise recover from. Often the debtor does not react to an informal reminder at all, and it is only a letter on a lawyer's letterhead that moves things forward, many debtors pay at exactly that stage, before it ever reaches a lawsuit.
Limitation periods and how to avoid debt problems in future
The general limitation period under Section 629 of the Civil Code is three years from the moment you could first have exercised the right, typically the day after the due date. Once it passes the debt does not disappear, but the debtor can raise the limitation defence in court and you would not succeed with the claim, so I recommend acting as early as possible. For larger amounts or instalment plans I also consider a notarial deed with consent to enforceability (Section 274(1)(e) of the Code of Civil Procedure in conjunction with Section 71a of the Notarial Code), which lets you go straight to enforcement if payments stop, without having to sue and wait for a judgment. Prevention helps too: with new business partners ask for at least a partial deposit, check them in the public and insolvency registers, and include default interest and a reasonable contractual penalty in the contract.
What to prepare for the consultation
Bring me all the documents relating to the debt: the contract or order, the invoice with the variable symbol, proof of what you delivered, and the full communication with the debtor (e-mails, texts). If the debtor has ever acknowledged the debt, bring proof of that too; under Section 639 of the Civil Code acknowledgment of the debt extends the limitation period to ten years (no written form is required), and if the acknowledgment is in writing it additionally raises a presumption under Section 2053 of the Civil Code that the debt still exists. It also helps to have an idea of whether the debtor has any assets that could be recovered from in enforcement proceedings.
Who will handle your case
Ing. Mgr. Tomáš Beneš
Attorney registered with the Czech Bar Association, based in Prague.
Law degree from Charles University. I focus on business law, real estate and employment disputes. I handle every case personally, no assistants.
More about me →How we will work together
Describe your case
Fill in a short form or send me an e-mail. A few sentences about what happened and what you need to resolve are enough.
Send your documents
Attach the relevant documents (contracts, correspondence, notice of termination…). I accept everything securely online.
We'll discuss it by phone
I will study your case and call you within 48 hours with a proposal for the specific next steps, including the price.
You'll receive the solution by e-mail
You will receive the contract, filing or legal analysis by e-mail. Everything is done quickly and without unnecessary meetings.
Price
from CZK 4,290
indicative price · depends on the case
- ✓Debt recovery
- ✓Court representation
- ✓Consultation
Need advice?
Describe your case. You will receive a specific answer within 48 hours, completely free of charge.
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