Slovak debtor: recovering a Polish company's unpaid invoice

Legal status as of November 1, 2026

An unpaid invoice between a Polish and a Slovak company raises more questions than the amount of the debt alone. What is important is which court can decide, what law will be applied and where the debtor has assets. European procedures can facilitate recovery, but they do not replace evidence of delivery and of when payment became due. [1] [2]

First verify the debtor and the quality of the evidence

Check the exact business name, identification data and registered office of the company with which the contract was concluded. The sign on the establishment or the name of the person ordering the goods may not indicate the contractual debtor. Also find out whether the company has ceased to exist or is undergoing insolvency proceedings. The decision to invest in a lawsuit should also be based on the realistic possibility of satisfaction.

Prepare the order, contract, confirmation of receipt, delivery notes, shipping documents, handover protocols and communication about complaints. The invoice alone may not prove the entire claim. Organize partial payments and credit notes so that it is clear what remains unpaid. If the customer claims defects, their objection must be legally and factually evaluated, even if you disagree with it.

Slovak debtor does not have to mean exclusively a Slovak court

The Brussels I bis Regulation establishes that when a person from a Member State is sued, the courts of the state of his residence or registered office are the courts, but it also contains other rules. In contractual matters, the place of delivery of goods or provision of services may be significant. Business partners may also agree to the jurisdiction of a specific court under the terms of the regulation. Therefore, check the contract before selecting the form. [1]

The general terms and conditions also deserve attention. It is not enough to find that one party named its own courts in the terms; it must be assessed whether the jurisdiction clause became part of the agreement in the required form. If the contract contains an arbitration clause, the choice of procedure may change significantly. In a dispute over jurisdiction, a seemingly quick filing can turn into a lengthy process. [1]

Applicable law is a separate issue

A court sitting in Slovakia does not automatically have to apply Slovak substantive law. The Rome I Regulation regulates the choice of law and the rules in its absence. When selling goods or providing services, the inherent bonds of the contract are examined. The chosen legal system affects, for example, the statute of limitations and the assessment of claims under the contract. The choice of court and the choice of law are therefore not identical. [2]

When purchasing goods internationally, the applicability of the UN Convention on Contracts for the International Sale of Goods must also be checked. Both Poland and Slovakia are among its contracting states. A convention may be decisive in terms of delivery, defects or remedies if it applies to a specific contract. Consideration of a claim should therefore not be limited to a reference to one national commercial code. [3]

European order for payment for a monetary claim

A European order for payment can be used for a cross-border monetary claim for a specific amount, which is due upon submission of the application, if the legal conditions are met. The motion is filed on a standardized form with the competent court. The debtor has 30 days after delivery to file an objection. If the debtor does not lodge an objection and the other conditions are met, the order becomes enforceable. This is not a Slovak domestic payment order with its special deadlines. [4]

An objection does not automatically mean that the creditor loses. The further procedure depends on the rules of procedure and the choice of the claimant; the dispute may continue in the appropriate procedural manner. If the debtor has already raised detailed allegations of defects or set-off before the lawsuit, evidence for contested proceedings must be prepared from the outset. A simple form will not resolve a complex dispute about the quality of delivery. [4]

For a smaller claim, consider the European Small Claims Procedure

The European Small Claims Procedure is available for cross-border civil and commercial claims up to €5,000, subject to certain conditions. Interest and related costs are not included in determining the limit. It can also be used by entrepreneurs and can also resolve a disputed claim. However, before filing, the competent court must still be determined and the substantive scope of the proceedings must be verified. [5]

Model example: a Polish supplier demands 4,200 euros for the delivered goods. The customer acknowledges receipt but objects to the quantity. After checking the jurisdiction and the documents, the above procedure may be more appropriate than a procedure based on the expectation that the debtor will not contest the claim. The decision depends on the content of the objections, the necessary evidence and the total costs.

Judgment and getting money are two stages

A decision from a Member State may, under the Brussels I bis rules, be recognised and enforced in another Member State without a separate declaration of enforceability. However, the prescribed documents, in particular a copy of the decision and the relevant certificate, are submitted for enforcement; a translation may be required, depending on the circumstances. Specific European procedures have their own certificates and rules of enforcement. [1] [4] [5]

A motion for enforcement in Slovakia is submitted electronically to the District Court of Banská Bystrica. Prepare the documents in the required form and calculate the principal, interest and awarded costs accurately. Even an enforceable title does not guarantee that the debtor has assets that can be seized. When choosing a lawsuit, it makes sense to consider where the decision can actually be enforced. [6]

Frequently Asked Questions

Is the invoice alone sufficient for collection?
Also prepare evidence of contract, delivery and maturity. An invoice can be an important document, but it does not always explain the debtor's objections or the entire course of the transaction.

Can the debtor challenge a European order for payment?
Yes, by objection within 30 days of delivery. The further process depends on the rules and the choice of the plaintiff. [4]

Do I always have to sue again in Slovakia after a Polish judgment?
No. When a decision falls under the relevant European regime, its enforcement is resolved with the prescribed documents, not a new dispute over the same claim. [1]

To assess the recovery, prepare the contract, invoices, delivery documents, the debtor's objections and information about his assets. Choose the appropriate court and procedure before incurring further translation and court-filing costs.

Legal sources

[1] EU Regulation No. 1215/2012 Brussels I bis — Articles 4, 7, 25, 36, 39, 42 and 53
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32012R1215

[2] Regulation EC No 593/2008 Rome I — Articles 3, 4 and 12; choice of law and scope of applicable law
https://eur-lex.europa.eu/eli/reg/2008/593

[3] UNCITRAL and the Status of the UN Convention on the International Sale of Goods — CISG Contracting States; Poland and Slovakia
https://uncitral.un.org/en/texts/salegoods/conventions/sale_of_goods/cisg/status

[4] European e-Justice Portal on the European order for payment — Regulation No 1896/2006; form, opposition and enforceability
https://e-justice.europa.eu/topics/money-monetary-claims/european-payment-order_en

[5] Your Europe on the European Small Claims Procedure — Regulation No 861/2007 as amended; limit of EUR 5,000
https://europa.eu/youreurope/business/selling-in-eu/solving-disputes-with-customers/european-small-claims-procedure/indexamp_en.htm

[6] Ministry of Justice of the Slovak Republic on enforcement proceedings — Jurisdiction of the District Court of Banská Bystrica and electronic petition
https://www.justice.gov.sk/sluzby/exekutori/najcastejsie-otazky/