Demand for payment template
A pre-action demand to a debtor with a payment deadline, default interest and, between businesses, the 40 euro flat fee
This document rests on a fixed pattern prepared by Paragrafo; it is not a law firm template. Its wording is not written by AI, only the details from the form are filled in. For a non-standard situation we recommend a solicitor.
Law in force as at
Výzva na zaplatenie
- Veriteľ
- Dlžník
- Dlžná suma
- Výzva
With a demand for payment the creditor asks the debtor in writing to pay and sets a deadline. It is the last step before the claim is brought to court, and also proof that the creditor asked for payment.
If the time of performance was not agreed, the debtor must, under the Civil Code, pay on the first day after the creditor asks for it. For a debt without an agreed due date, the demand is therefore the request from which the due date follows.
Between businesses in their business activity, the Commercial Code applies. In case of default the creditor is entitled to default interest and to a flat 40 euro compensation for recovery costs, without any special notice.
Who needs this document
- Someone whose acquaintance or relative has not repaid borrowed money
- A sole trader or company whose customer has not paid an invoice
- A landlord owed rent by a tenant
- A seller whose buyer has not paid the purchase price
What the document must contain
- Identification of the creditor and the debtor
- The amount owed and its basis, for example an invoice number or an agreement
- When the debt was due, if a due date was agreed
- The payment deadline and the account to pay to
- Default interest, if the creditor claims it
Legal basis
Občiansky zákonník (Civil Code)
Governs the time of performance if none was agreed, the debtor's default, default interest and limitation.
Obchodný zákonník (Commercial Code)
Between businesses in their business activity, governs default on money obligations, default interest, the flat compensation for costs and the four-year limitation period.
nariadenie vlády č. 21/2013 Z. z. (Government Regulation No. 21/2013)
Sets the default interest rate in commercial relationships and the amount of the flat compensation for recovery costs.
Most common mistakes
A debt without a basis
The demand should state clearly what the debt arose from: an invoice number, an agreement, the date of a loan. Without that, the debtor can easily claim not to know what it is about.
Claiming the 40 euro fee from a consumer
The flat 40 euro compensation for recovery costs belongs only to commercial relationships. If the debtor is a consumer and the obligation arose from a consumer contract, there is no entitlement to it.
Waiting until the debt is time-barred
The general limitation period under the Civil Code is three years, in commercial relationships four years. The demand itself does not stop it; if the debtor does not pay, the claim must be brought in time.
No proof the demand was received
Send the demand so that you can prove the debtor received it, for example by registered mail with a delivery receipt, or hand it over against a signature.
Frequently asked questions
What default interest can I claim from a company?
If no rate was agreed, it equals the European Central Bank's main refinancing rate on the first day of the relevant calendar half-year of default plus eight percentage points. The creditor may instead claim the rate on the first day of default plus nine percentage points for the whole period of default.
What default interest can I claim from a private person?
Its amount is set by an implementing regulation to the Civil Code. A demand from this template therefore claims it without stating a rate.
When is the debtor in default if no due date was agreed?
Under the Civil Code, the debt must be paid on the first day after the creditor asks for it. Between businesses, a debtor with a money obligation is in default if they do not pay within 30 days of receiving the invoice or of receiving performance, whichever is later.
What if the debtor wants to pay in instalments?
Agree in writing. An acknowledgement of debt with an instalment agreement also extends limitation: under the Civil Code, a debt acknowledged in writing becomes time-barred after ten years.
Demand for payment for your business
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