Practical legal guide

How can a foreign company recover an unpaid debt from a Czech business?

A foreign creditor pursuing a Czech debtor has three main routes — a European Payment Order for uncontested claims, a Czech payment order, or ordinary court proceedings for disputed claims — with a three-year general limitation period under Czech law being the key deadline to track.

Describe your case

Short answer

A foreign creditor has three main routes. For an undisputed cross-border claim, the European Payment Order (Regulation (EC) No 1896/2006) is usually fastest and is enforceable across the EU except Denmark without further recognition proceedings. For claims the debtor may contest, ordinary Czech court proceedings apply, typically starting with a Czech payment order giving the debtor 15 days to pay or object. Before either, a formal demand letter often resolves the matter. The key constraint is timing: the general limitation period under Czech law is three years from the date the claim could first have been asserted in court.

When this situation arises

  • A Czech business customer has not paid an invoice by its due date
  • A foreign creditor is deciding whether formal debt recovery is worth pursuing
  • A claim is approaching the three-year limitation period and needs urgent review

What options do you have

European Payment Order

Applies to cross-border civil and commercial monetary claims that are due. Designed for uncontested claims. If the debtor lodges a statement of opposition, the case converts into ordinary proceedings.

Czech payment order

The court issues an order requiring payment within 15 days of service. An objection by the debtor cancels the order and the case proceeds as a normal lawsuit.

Ordinary proceedings

Necessary where the claim is contested on the merits. Slower and more expensive, but the only route where facts are in dispute.

Recommended step-by-step process

  1. 1.

    Gather your documentation

    Collect the contract, unpaid invoice, proof of delivery/performance, and any correspondence acknowledging the debt.

  2. 2.

    Check the debtor's status

    Pull a current Commercial Register extract and check the Insolvency Register before proceeding.

  3. 3.

    Send a formal demand letter

    A formal demand often resolves the matter before litigation is needed.

  4. 4.

    Choose the right procedure

    File a European Payment Order for an uncontested cross-border claim, or pursue a Czech payment order/ordinary proceedings otherwise.

What documents to prepare

  • The contract or order confirmation
  • The unpaid invoice with a clear due date
  • Proof of delivery or performance
  • Any correspondence acknowledging the debt
  • Current Commercial Register extract on the debtor

Common mistakes

  • Waiting for "voluntary" payment until the limitation period is nearly expired
  • Starting proceedings without checking whether the debtor still exists or is already insolvent
  • Underestimating translation costs when proceedings run under a foreign jurisdiction's procedural law
  • Pursuing a small claim where litigation costs exceed the realistic recovery — checking debtor solvency first is usually the most valuable step

Risks and important deadlines

Three-year limitation period

The general limitation period is three years, running from the day the right could first have been exercised — most often the invoice due date. Older sources citing a four-year commercial limitation period refer to the Commercial Code repealed in 2014 and no longer apply to claims arising afterwards.

Insolvency changes the route

If the debtor is already insolvent, the claim must be filed in the insolvency proceedings within the statutory deadline — ordinary recovery is no longer available.

When it's worth contacting a lawyer

Representation is not formally required for the European Payment Order, but is strongly advisable once the debtor objects and the case becomes contested, or when a claim is approaching the three-year limitation mark and the exact start date is unclear.

Describe your case

Frequently asked questions

Do I need a Czech lawyer?

Not formally for the European Payment Order, but representation is strongly advisable once the debtor objects and the case becomes contested.

What if the debtor is already insolvent?

Then the claim must be filed in the insolvency proceedings within the statutory deadline; ordinary recovery is no longer available.

Can I recover my legal costs?

A successful claimant is generally awarded costs, but recovering them in practice still depends on the debtor having assets.