„A client has not paid my invoice“
A client has not paid an invoice, what to do
Short answer
From the first day after the due date the client is in default and you acquire the right to default interest, without having to give any separate notice. First check that the claim is documented and delivered, then send a written reminder with a new deadline. The limitation period in commercial relationships is four years, so time pressure is usually not immediate, but evidence disappears faster than the right does.
law as at
An unpaid invoice looks like a legal problem, but the first two steps are administrative. Most payment disputes are not decided by who is right, but by who can document what the parties agreed and what was delivered.
That is why this procedure starts with evidence and only then gets to what can be done. The order is deliberate: a reminder sent without supporting documents will not move you forward in later proceedings, while an email confirming the order will.
What to do today
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Check the due date and how the invoice was delivered
Find out when the invoice was issued, what due date it states and whether you can prove it reached the customer. If the due date was not agreed in the contract or in the order, the matter is governed by the general rule of the Commercial Code and not by what is printed on the invoice.
Check what was agreed about default interest
Look into the contract or the terms and conditions to see whether a rate of default interest is agreed. Where none is agreed, the rate set by government regulation applies; that is a difference which changes the amount you are entitled to.
Send a written reminder with a new deadline and keep proof of dispatch
An email with a delivery receipt or a registered letter is enough. A reminder is not a statutory condition for the interest to arise, but it is the cheapest proof that you called on the debtor, and in practice it resolves most cases.
Record what the customer replied
If they acknowledge the debt even in an email or a message, keep it. If they object to defects in performance, keep that too; it changes the nature of the matter and it is better to know sooner than later.
What not to do
The mistakes made most often in these situations, and the hardest to undo.
Do not stop delivering without checking what the contract says about it
Suspending performance is itself an interference with the contract. If it does not state when you may do so, you can turn from creditor into the party that breached the contract first.
Do not send a demand that looks like a court filing
Wording such as "pre-action demand" or letterheads imitating an official document do not improve enforceability. They increase the chance that the other side stops communicating and brings in a legal representative, which makes the matter more expensive for both.
Do not publish the dispute or the debtor's name
A list of non-payers on social media or on your website is a separate problem: it interferes with reputation and with personal data and opens a second dispute that has nothing to do with your claim.
Do not put it off on the basis that you have four years
The limitation period is long, but witnesses forget, emails get deleted and companies cease to exist. The right lasts longer than the evidence and longer than the debtor's assets.
What evidence to secure
What to keep today, while it is still available.
- the order or contract, ideally in writing, otherwise at least email correspondence about the scope and the price
- proof of delivery: a handover protocol, a delivery note, confirmation of handover, confirmation of access to the service
- the invoice and proof that it was delivered
- all correspondence after the due date, in particular any acknowledgement of the debt or promise to pay
- any objections from the customer and your reply to them
Which time limit is running
Every time limit names the provision it follows from, so that it can be checked. Where the length depends on a condition, the condition is stated, not a finished result.
Default and the right to interest
arises on the first day after the due date, from the expiry of the agreed time for performance
The right belongs to a creditor who has itself fulfilled its statutory and contractual obligations. If the other side objects that you did not deliver properly, that condition is what the dispute is about.
§ 369 ods. 1 of the Commercial Code
Limitation period
four years, depending on the nature of the right, as a rule from the due date
Applies unless the law provides otherwise for a particular right. In a relationship with a consumer the civil-law rules apply, and they are different.
§ 397 of the Commercial Code
What your options are
Ordered from the cheapest to the harshest. Each one says what it actually costs.
- 01
Written reminder
The cheapest and most often effective step. It states the amount, the invoice, a new deadline and the fact that once it expires you will take the matter further.
What it costs: time, in the order of tens of minutes
- 02
Reminder from a lawyer
The same content, a different letterhead. It changes the other side's behaviour in cases where not paying small suppliers is a habit.
What it costs: a one-off lawyer's fee, by agreement or under the tariff
- 03
Court enforcement
For an undisputed claim the summary payment order procedure is usually used. It requires documented supporting material, which is why this guide is ordered the way it is.
What it costs: court fee and the cost of representation, recoverable if you succeed
- 04
Assignment or write-off
For small amounts and an insolvent debtor it is usually more economical to assign or write off the claim than to enforce it.
What it costs: loss of part or all of the claim, but an end to the costs
What the law says
The verbatim wording from the official register. Every excerpt is machine-compared against the wording in our database, so it cannot drift apart from what the law says.
Ak čas plnenia nie je v zmluve určený, je veriteľ oprávnený požadovať plnenie záväzku ihneď po uzavretí zmluvy a dlžník je povinný záväzok splniť bez zbytočného odkladu po tom, čo ho veriteľ o plnenie požiadal.Ak je dlžník v omeškaní so splnením peňažného záväzku alebo jeho časti, vzniká veriteľovi, ktorý si splnil svoje zákonné a zmluvné povinnosti, právo požadovať z nezaplatenej sumy úroky z omeškania vo výške dohodnutej v zmluve, a to bez potreby osobitného upozornenia.Ak výška úrokov z omeškania nebola dohodnutá, dlžník je povinný platiť úroky z omeškania v sadzbe, ktorú ustanoví vláda Slovenskej republiky nariadením.Ak zákon neustanovuje pre jednotlivé práva inak, je premlčacia doba štyri roky.Frequently asked questions
Do I have to send a reminder for the right to default interest to arise?
No. Under § 369 ods. 1 of the Commercial Code the right arises without any need for separate notice. A reminder has a different purpose: it is proof that you called on the debtor, and in practice it often resolves the matter without further steps.
What is the rate of default interest when nothing was agreed?
It is set by Government Regulation 21/2013 Z. z., referred to in § 369 ods. 2 of the Commercial Code, and it gives you a choice of two methods. Under § 1 ods. 1 the rate equals the European Central Bank base rate in force on the first day of the relevant calendar half-year of default, increased by eight percentage points, and it applies for that whole half-year. Under § 1 ods. 2 you may instead claim a rate equal to the European Central Bank base rate in force on the first day of default, increased by nine percentage points, which then applies for the whole period of default. The choice is yours and has to be made once, because the method chosen applies throughout the default.
Does the four-year limitation period also apply to a customer who is a consumer?
No. The four years under § 397 are a rule of the Commercial Code, that is, for relationships between businesses. In a relationship with a consumer the civil-law rules with a different period apply. This is one of the reasons why it matters who the other side is.
Can I add on the costs of enforcement?
Yes, alongside the interest. Under § 369c ods. 1 of the Commercial Code the debtor's default gives rise to a right to flat-rate compensation for the costs associated with asserting the claim, without any separate notice being needed. Under § 2 of Government Regulation 21/2013 Z. z. that amount is 40 euros, once, regardless of how long the default lasts. It does not apply where the obligation arose from a consumer contract and the debtor is a consumer. Actual damage beyond the interest and this compensation is governed by § 369b of the Commercial Code.