Checklist for Debt Collection in the Czech Republic

1 - Statute of limitations of the credit

3 years (standard limitation period), starts to run from the day the claim is due

2 - How to interrupt the statute of limitations

By filing a lawsuit (= court action). Sending a (registered) letter does not interrupt the limitation period

3 - Lawyer demand letter

Not mandatory. However, it is necessary for compensation of legal fees at the court.

4 - Competent Court

District court ("okresní soud") at the permanent residence / seat of the debtor.

5 - How to appoint a lawyer

No need of a formal proxy for out-of-court action. Necessary for starting a legal action, court usually  requires original of power of attorney or PDF signed with eIDAS signature

6 - Documents required for court action

Contracts, invoices, statements of account, reminders, any acknowledgement of debt, useful correspondence. Power of attorney and registration to VAT of the legal representative should be disclosed in case of representation.

7 - Average duration of an ordinary lawsuit

Between 6 and 12 months, if there are no counterclaims (warranty, guarantee, law of damages), otherwise longer

8 - Special proceedings for monetary claims

Payment order ("platební rozkaz") or electronic payment order ("elektronický platební rozkaz") can be requested. If no objection is lodged against the payment order, no standard court proceedings are initiated. An electronic payment order is normally issued within approximately 3 months.

9 - Regime of legal fees

The costs of out-of-court debt collection are set at CZK 1,200 (approximately EUR 45). Debt collection costs are awarded as a sum of court fees paid and compensation of costs of legal representation in the amount depending on the value of the dispute and the number of court proceedings, as determined by a decree of the Ministry of Justice.

10 - Interests on arrears

The amount of interest on late payments corresponds to the annual repo rate set by the Czech National Bank for the first day of the calendar half-year in which the delay occurred, increased by 8 percentage points.