Debt collection in Bosnia and Herzegovina - Law Office
Author: Azur Prnjavorac, attorney at law
By Azur Prnjavorac, Attorney at Law, Last updated:
Poor payment discipline in Bosnia and Herzegovina remains one of the most persistent challenges for businesses and individuals across the country. Whether you are a local company, a foreign investor, or an individual creditor, unpaid debts can significantly harm your financial stability and business operations. The Law Office Prnjavorac provides comprehensive and professional debt collection services in Bosnia and Herzegovina, helping clients recover outstanding receivables efficiently through both court and out-of-court proceedings.
The best prevention against unpaid debts is the regular checking of creditworthiness of business partners and avoiding cooperation with entities that show a history of payment difficulties. However, when debts do arise, it is essential to act swiftly. Delayed action can lead to expired statutes of limitation, loss of evidence, and diminished chances of successful recovery. Our law office advises clients across Bosnia and Herzegovina to initiate debt collection proceedings as early as possible before a competent court.
Out-of-Court Debt Collection in Bosnia and Herzegovina
Before initiating formal court proceedings, it is often possible, and frequently more cost-effective, to resolve monetary and non-monetary claims through out-of-court settlement mechanisms. The Law Office Prnjavorac has extensive experience in negotiating and structuring out-of-court debt collection solutions for clients throughout the Federation of Bosnia and Herzegovina and Republika Srpska.
Out-of-court methods for collecting receivables and debts in BiH include: contracting additional guarantees and warranties, pledging movable and immovable property, introducing alternative payment schedules, restructuring existing obligations, submitting timely objections in debtor-creditor relationships, and securing notarized statements with executive power (solemnization clauses). These notarized documents can significantly accelerate the enforcement process if the debtor fails to comply voluntarily.
Court Proceedings for Debt Collection in Bosnia and Herzegovina
If out-of-court settlement proves unsuccessful, the Attorney at law Prnjavorac initiates forced collection through court proceedings before competent courts throughout Bosnia and Herzegovina. Our experienced legal team represents clients before municipal courts, cantonal courts, district courts, and commercial courts across all jurisdictions in BiH, from Sarajevo and Tuzla to Banja Luka and Mostar. The court-based debt collection process in Bosnia and Herzegovina typically involves filing a claim or a proposal for enforcement, obtaining a court decision, and pursuing execution against the debtor's assets. Our law office handles all stages of this process, from drafting legal documents and filing claims to representing clients at hearings and enforcing judgments.
Means of Execution for Claims Collection in Bosnia and Herzegovina
The means of execution in order to achieve monetary claims under Bosnian law include: sale of movable property, sale of real estate, transfer of monetary receivables, transfer of receivables for sale of movable or real property, transfer of other rights into money, transfer of funds kept in bank accounts, and sale of shares and ownership stakes in companies. These enforcement tools are available to creditors across all jurisdictions in Bosnia and Herzegovina.
The means of execution in order to achieve non-monetary claims include: handing over of movable property, evacuation and handing over of real estate, execution of obligations to act, refrain from acting, or suffer certain actions, execution of decisions from family relationships, execution to return an employee to work, execution of decisions on division of objects, entry in public registers, and obtaining declarations of intent.
Evidence Required for Debt Collection in Bosnia and Herzegovina
In order to achieve your rights in a court proceeding in the shortest possible time and with the least cost, it is necessary to provide appropriate evidence to support your claims before a competent court. Proper documentation is the cornerstone of successful debt recovery in Bosnia and Herzegovina.
In commercial disputes, the existence of business cooperation between the parties, as well as the existence and amount of monetary and non-monetary claims and debts, are typically proved by: private documents (written contracts, offers, declarations of acceptance, notices of termination), invoices, delivery notes and shipment documents, bank statements, correspondence between the parties, and final and enforceable judgments. Our law office assists clients in gathering, organizing, and presenting evidence to maximize the chances of a successful outcome in debt collection proceedings in Bosnia and Herzegovina.
Contract of Debt Assumption in Bosnia and Herzegovina
The contract of debt assumption is a legal instrument frequently used in Bosnian commercial practice. It represents an agreement between a debtor and a transferee, with the creditor's consent, whereby the original debtor is replaced by a new debtor who assumes the outstanding obligation. This mechanism is particularly useful in corporate restructuring, business acquisitions, and commercial transactions across Bosnia and Herzegovina.
Forced Collection from Bank Accounts in Bosnia and Herzegovina
Forced collection from a debtor's bank account is carried out in accordance with the Law on Payment Transactions in Bosnia and Herzegovina. These legal provisions govern the basics of payment enforcement, the priority order of execution, and the procedure for implementing enforced collection through competent banks operating throughout BiH. This is often the fastest and most effective method of recovering outstanding monetary claims, particularly when the debtor maintains active bank accounts.
Why Choose Law Office Prnjavorac for Debt Collection in Bosnia and Herzegovina?
The Law Office Prnjavorac brings years of experience in debt collection and claims recovery throughout Bosnia and Herzegovina. Our team provides legal services to both domestic and international clients, with a deep understanding of the legal frameworks applicable in the Federation of Bosnia and Herzegovina, Republika Srpska, and Brčko District. Whether your debtor is located in Sarajevo, Tuzla, Zenica, Bihać, Banja Luka, Bijeljina, Trebinje, or any other municipality in BiH, our office can represent your interests before the competent courts and enforcement authorities.
Frequently Asked Questions, Debt Collection in Bosnia and Herzegovina (FAQ)
- What is the statute of limitations for debt collection in Bosnia and Herzegovina?
In the Federation of Bosnia and Herzegovina and Republika Srpska, the general statute of limitations for claims is five years, unless the law prescribes a different period. Mutual claims between legal entities arising from contracts for the sale of goods and services become time-barred after three years. Claims for rent also become time-barred after three years. Certain utility and household-service claims, such as electricity, heat, gas, water, chimney-sweeping services, and waste collection provided for household needs, become time-barred after one year. Claims established by a final court judgment, a decision of another competent authority, or a settlement before a court or another competent authority become time-barred after ten years. Because the applicable limitation period depends on the legal basis of the claim, each case should be assessed individually.
- How long does the debt collection process take in Bosnian courts?
The duration of debt collection proceedings in Bosnia and Herzegovina varies depending on the complexity of the case, the court's caseload, and the debtor's cooperation. Simple uncontested claims may be resolved within a few months, while complex disputed cases can take one to three years or longer. Courts in larger cities may experience longer processing times due to heavier caseloads, while courts in smaller jurisdictions may resolve cases more quickly. - Can a foreign company collect debts in Bosnia and Herzegovina?
Yes, foreign companies have full rights to collect debts and pursue claims in Bosnia and Herzegovina. Foreign entities can initiate court proceedings through a locally authorized law office, such as Law Office Prnjavorac. Foreign court judgments may also be recognized and enforced in Bosnia under applicable international treaties and bilateral agreements. - What documents are needed to start debt collection in BiH?
To initiate debt collection proceedings in Bosnia and Herzegovina, you typically need: the original contract or agreement, invoices, delivery notes or proof of service, payment reminders sent to the debtor, bank statements showing non-payment, and any correspondence with the debtor. A notarized document with executive power (solemnization clause) can significantly speed up the enforcement process. Our law office inTuzlaassists clients in preparing and organizing all necessary documentation. - What is the difference between debt collection in the Federation of BiH and Republika Srpska?
Bosnia and Herzegovina has a complex legal structure with two entities, the Federation of Bosnia and Herzegovina and Republika Srpska, each with its own legislation. While the fundamental principles of debt collection are similar, there are procedural differences in court proceedings, enforcement rules, and applicable laws. For example, courts inSarajevo,Tuzla, and Zenica apply Federation laws, while courts in Banja Luka and Bijeljina apply Republika Srpska legislation. Brčko District has its own separate legal framework. - Can debts be collected from a debtor's bank account in Bosnia and Herzegovina?
Yes, forced collection from a debtor's bank account is one of the most effective methods of debt recovery in Bosnia and Herzegovina. Once a creditor obtains an enforceable court decision or a notarized document with executive power, banks in BiH are legally obligated to execute the transfer of funds from the debtor's account to the creditor. This process is governed by the Law on Payment Transactions. - What costs are involved in debt collection proceedings in Bosnia and Herzegovina?
The costs of debt collection in Bosnia and Herzegovina typically include court filing fees, attorney fees, and potential costs for enforcement actions. Court fees are calculated based on the value of the claim. In most successful cases, the court orders the debtor to reimburse the creditor for legal costs, including attorney fees. For an accurate cost estimate, contact Law Office Prnjavorac for a consultation. - Is out-of-court debt collection possible in Bosnia and Herzegovina?
Yes, out-of-court debt collection is not only possible but often recommended as a first step before initiating court proceedings. Methods include sending formal payment demands, negotiating payment plans, restructuring debt, and obtaining notarized acknowledgments of debt. Out-of-court settlement can save significant time and legal costs compared to formal court proceedings. - Can real estate be seized for debt collection in Bosnia and Herzegovina?
Yes, under Bosnian law, real estate owned by the debtor can be subject to forced sale as a means of satisfying monetary claims. This process involves registering a lien on the property in the land registry, followed by a public auction conducted by the competent court. The process can be lengthy and requires careful legal guidance from an experienced attorney. - How can I contact a lawyer for debt collection in Bosnia and Herzegovina?
You can contact the Law Office Prnjavorac for professional debt collection assistance anywhere in Bosnia and Herzegovina. The office handles cases before all courts in BiH, including those inSarajevo,Tuzla, Banja Luka, Zenica, Mostar, and Bihać. Contact us.
ENFORCEMENT PROCEEDINGS FOR COMMERCIAL ENTITIES: HOW WE CONDUCT THEM
The focus of our work is on preparing a proposal for enforcement that the court can carry out without delay. That means a properly identified debtor, a precisely quantified principal amount with default interest and, most importantly, a correctly chosen means and object of enforcement. A badly drafted proposal is returned by the court for correction or dismissed, and months are lost. For that reason we obtain data on the debtor's accounts, land registry extracts and the position in the registers of movable property before filing, and we tell the client openly when proceedings are not worth commencing. The course of the proceedings themselves, from the proposal to satisfaction, is also described on our page about the enforcement proceedings attorney.
THE INSTRUMENT DECIDES THE ROUTE: AN INVOICE LEADS TO LITIGATION, A BILL OF EXCHANGE TO ENFORCEMENT
This is where commercial companies most often lose months. The court issues a decision on enforcement only if it is presented with an instrument that the law recognises for that purpose, and there are fewer such instruments than one would expect. Article 29 of the Law on Enforcement Procedure of the Federation of BiH lists them exhaustively: a bill of exchange and a cheque with a protest and a return account where these are required in order to establish the claim, and invoices or accounting statements for the price of utility services, water, thermal energy and waste collection. In Republika Srpska the legislator extended that list to telecommunication services, the RTV licence fee and the Bar Association membership fee.
An invoice for goods delivered, construction works performed, transport or business services is not on that list in either entity. Such a debt must therefore be adjudicated. We file a claim and seek in it the application of Article 182 of the Law on Civil Procedure: if the defendant company fails to meet the statutory deadline for a response to a claim that has been duly served on it, the court grants the request without scheduling a hearing. A judgment obtained in this way is an enforcement title and enforcement proceedings are commenced with it.
A bill of exchange skips that entire circle. A blank bill of exchange with a properly drawn bill statement, handed over by the buyer when the transaction is concluded, is completed upon maturity and, as an authentic instrument, leads directly to enforcement. In the case of a bill of exchange and a cheque, the decision on enforcement is delivered to the bank immediately upon being issued, whereas with other authentic instruments one waits for it to become final. Because of that difference, we advise every client who works with deferred payment to introduce a bill of exchange, together with a properly drafted bill statement, into the standard business terms agreed with every new buyer, and for larger deliveries a mortgage or a registered pledge as well.
HOW TO CARRY OUT ENFORCED COLLECTION OF A COMPANY'S CLAIM IN BIH
The steps of enforced collection of a debt owed by a commercial entity in Bosnia and Herzegovina, from checking the accounts to satisfaction according to the order of priority.
- Checking the debtor's accounts and assets. By inspecting the Single Register of Accounts of the Central Bank of BiH, the land registers and the Register of Pledges, we establish the debtor's solvency and assets.
- Choice of instrument and procedural route. If the company holds an enforcement title, a bill of exchange, a mortgage or a registered pledge, enforcement is commenced immediately; if the debt rests on invoices alone, a claim is filed first.
- Claim or proposal for enforcement. We file a claim with a request for a default judgment, or a proposal for enforcement where an instrument exists for that purpose.
- Blocking of accounts and enforcement against assets. Funds in the account are blocked and seized and, where necessary, enforcement is carried out against the debtor's movable and immovable property.
- Satisfaction according to the order of priority. The creditor is satisfied out of the funds realised, whereby secured creditors have priority from the pledged assets.
MEANS OF ENFORCEMENT THAT PRODUCE RESULTS IN PRACTICE
- seizure of funds in the debtor's transaction accounts with all banks,
- seizure and sale of vehicles, machinery and stocks of goods,
- sale of business premises, halls and other immovable property of the debtor,
- enforcement against the shares the debtor holds in commercial companies,
- collection from claims the debtor has against third parties.
Combining several means at the same time increases the probability of full satisfaction many times over, because it closes off the debtor's room for circumventing the creditor. Which means will come first is decided on the basis of the results of the preceding examination of assets, not at random.
WHEN THE DEBTOR PUTS ASSETS OUT OF REACH: CONTESTING THE DEBTOR'S LEGAL ACTS
A company that senses enforcement is coming often reacts by moving its assets: it gifts business premises to a related person, sells the vehicle fleet at a symbolic price, or contributes equipment as a stake in a newly founded company with the same owners. The creditor then obtains a judgment from which nothing can be collected. For that situation the Law on Obligations provides a special remedy, the contesting of the debtor's legal acts, known in practice as the actio Pauliana.
Under Article 280, a creditor whose claim has fallen due may contest a legal act of his debtor undertaken to the creditor's detriment, and detriment exists where, after that act, the debtor is not left with sufficient means to fulfil the obligation. What has to be proven depends on the type of disposition. In the case of an onerous disposition, for example a sale, under Article 281 paragraph 1 it must be proven that the debtor knew or could have known that he was causing detriment to creditors and that this was known or could have been known to the person with whom the transaction was concluded as well. In the case of a gift and other gratuitous disposition under paragraph 2 of the same article, the burden of proof is considerably lighter.
The claim is not filed against the debtor but against the third party in whose favour the act was undertaken (Article 283). The effect of contesting is relative: the contested transaction loses its effect only in relation to the claimant and only to the extent necessary for the satisfaction of his claim, while it remains in force in relation to everyone else (Article 284). The judgment thereby opens the way to enforcement against assets that have formally already passed to a third party.
The time limit is decisive. Article 285 paragraph 1 prescribes a preclusive time limit that runs from the day on which the contested act was undertaken. For gratuitous dispositions such as a gift, that time limit is three years, as the Supreme Court of the Federation of BiH has also confirmed in more recent case law, while for onerous dispositions under Article 281 paragraph 1 it is shorter. Since the time limit is preclusive, the court takes account of it of its own motion, and by allowing it to expire the right itself is lost, not merely the possibility of filing a claim. That is why we monitor the land register, the court register and the Register of Pledges from the moment we take over the case, and not only once enforcement has produced no result.
WHERE WE CONDUCT CASES: COURTS WITH JURISDICTION OVER COMMERCIAL COLLECTION IN BIH
We conduct enforced collection cases in both entities and in the Brčko District. In Republika Srpska we act before the district commercial courts, from Banja Luka and Bijeljina to Trebinje and Istočno Sarajevo, and in the Federation of BiH, which has no separate commercial courts, before the municipal courts and their commercial departments, among them the courts in Sarajevo, Tuzla, Zenica and Mostar. We represent a client from one city against a debtor from any other without any obstacle, because enforcement titles are valid throughout the entire territory of the state.
QUESTIONS AND ANSWERS: ENFORCED DEBT COLLECTION OF COMMERCIAL ENTITIES IN BIH
We conduct enforced debt collection for commercial entities before the courts in Sarajevo and across Bosnia and Herzegovina. Below are the questions companies ask us most frequently.
1. In what order is enforced collection of a commercial company's claim carried out?
For commercial companies we always begin enforced collection with analysis: we check the debtor's solvency, the state of its accounts and the available assets, and only then choose the procedural route. A demand with a precisely calculated debt follows, and if payment fails to appear we file a motion for enforcement on the basis of an invoice, a bill of exchange or another instrument, or a lawsuit before the competent commercial court. This order protects the company from unnecessary litigation and directs the procedure to where the creditor can actually be satisfied, above all to funds in accounts. A general overview of the whole topic is available on our page about debt collection in Bosnia and Herzegovina.
2. Is an invoice sufficient to initiate enforcement against a debtor?
It is. An invoice has the status of an authentic instrument under the entity laws on enforcement proceedings, so enforcement can be sought on its basis without a prior judgment. In practice, however, the supporting documentation is decisive: a delivery note signed by the debtor, a contract, a purchase order or a certified interim certificate in construction works. If the debtor objects to the decision in time, the matter moves to litigation before the commercial court, where precisely those pieces of evidence decide the outcome. We therefore advise companies to keep orderly business records from the first day of cooperation with a customer, because they directly determine the speed and security of later collection.
3. Which courts in Bosnia and Herzegovina have jurisdiction over commercial collection matters?
In Republika Srpska, jurisdiction over commercial disputes and enforcement lies with the district commercial courts seated in Banja Luka, Bijeljina, Doboj, Prijedor, Trebinje and Istočno Sarajevo, while the Higher Commercial Court in Banja Luka acts as the second instance. In the Federation of BiH commercial matters are handled by the commercial divisions of the municipal courts in the cantonal seats, where by far the largest inflow is in Sarajevo, and a significant number of cases are also resolved in Tuzla, Zenica and Mostar. The Brčko District is served by its own Basic Court. Our office appears before every one of these courts on a daily basis.
4. How can the accounts and blockades of a business debtor be checked before filing suit?
The first step is to consult the Central Bank's public register of business accounts, kept by the Central Bank of Bosnia and Herzegovina and freely accessible: it reveals at which banks the debtor holds accounts and whether those are live or frozen. We cross reference this data with financial statements, the status in the Pledge Register, the land registry and the record of court proceedings already pending against the debtor. This gives us a complete picture of whether enforcement is worthwhile and at which assets to direct it. We carry out this analysis before taking on every case, because pursuing an insolvent debtor only creates further costs for the creditor.
5. What does a blockade of the debtor's account mean for the creditor?
A blockade means that banks seize and transfer funds from the debtor's account according to the order in which enforcement orders arrive, so the creditor whose decision reached the bank earlier is satisfied before those who waited. A prolonged blockade is also a serious signal of insolvency and a reason to act quickly: whoever first obtains a decision on enforcement, registers a security right or files a claim fares incomparably better than passive creditors. We therefore recommend that clients respond to the first signs of a debtor's delay with legal remedies, rather than extending payment deadlines without any security.
6. How is enforcement against the debtor's real estate carried out?
The procedure begins with a notation of enforcement in the land registry, which prevents the debtor from disposing of the property outside the procedure. A valuation by a court expert follows, and then a public sale: under the Law on Enforcement Proceedings of FBiH, at the first hearing the property cannot be sold below one half of the established value, and at a later hearing below one third, while similar rules with their own ratios apply in Republika Srpska. From the price achieved, the costs of the procedure and the creditor's claim are settled according to the order of priority. Enforcement against real estate takes longer than seizure of an account, but for larger debts it is often the only path to full recovery.
7. Can collection be carried out from a company's vehicles, equipment and other movables?
It can. The debtor's movable property is inventoried, valued and sold at public auction, and the creditor is satisfied from the price achieved. In commercial cases these are most often cargo and passenger vehicles, construction machinery, production equipment and stocks of goods. Before initiating this means we check that the movables are not already encumbered by registration in the Pledge Register at the Ministry of Justice of BiH, because a pledge creditor has the right to priority satisfaction. As a rule we combine enforcement against movables with seizure of the account, which puts pressure on the debtor from two sides and speeds up collection.
8. What force does a bill of exchange have in enforced collection?
A bill of exchange is the strongest instrument of security in business practice in BiH. A blank bill of exchange with a bill statement, which the debtor hands over when concluding the deal, is completed when the debt falls due and, as an authentic instrument, serves directly to initiate enforcement against the accounts and assets of the principal debtor, but also of the bill guarantors (avalists). This bypasses lengthy litigation and proof of the basis of the debt. To clients who work with deferred payment we recommend incorporating the bill of exchange, together with a properly drafted bill statement, into the standard business terms with every new customer.
9. What advantage do a mortgage and a registered pledge give the creditor?
A mortgage over immovable property, entered in the land book, and a pledge over movables, registered in the Pledge Register, grant the creditor a separate satisfaction right: from the pledged assets the creditor is satisfied before all unsecured creditors, even if bankruptcy proceedings are later opened over the debtor. When the mortgage is established by a notarial deed with an enforceability clause, the creditor initiates enforcement directly when the debt falls due, without litigation. For larger deliveries, the extension of credit to customers and long term business arrangements with partners from Sarajevo, Banja Luka or Tuzla, this is a form of security we consistently recommend.
10. Is a pre lawsuit demand mandatory and what should it contain?
A pre lawsuit demand is not a statutory precondition for filing a lawsuit or a motion for enforcement, but in business practice it has become standard and very often leads to payment without court. A quality demand contains the precise amount of the principal for each invoice, a calculation of default interest, a clear subsequent deadline for payment and a warning about the court costs that will follow, and when it is signed by an attorney debtors take it considerably more seriously. It is important to know, however, that a demand on its own does not interrupt the running of the statute of limitations, so its sending must not be delayed until the deadlines expire.
11. What does a commercial dispute look like when the debtor contests the debt?
The dispute is conducted before the competent commercial court: after the lawsuit and the response to it a preparatory hearing is scheduled, then the main hearing at which evidence is taken (the contract, invoices, delivery notes, business correspondence, and where necessary financial expert evaluation), after which the court issues a judgment against which an appeal is allowed. For small claims, simplified and faster procedural rules are provided. We write more about the course of these proceedings and our representation of companies on our page about commercial disputes. Well prepared documentation and a precisely formulated claim significantly shorten the duration of such disputes.
12. What costs should a commercial company reckon with?
The costs include the court fee on the motion for enforcement or the lawsuit and on the court's decision, whose amount depends on the value of the claim, then the attorney's fee under the attorney's tariff, and possible costs of expert evaluation and of carrying out enforcement actions. Under the principle of success in the dispute, all of these amounts are ultimately borne by the party that loses the proceedings. Since default interest continues to accrue throughout the entire procedure, the value of the claim does not melt away with waiting. On the contrary, the debtor owes more with every month of delay.
13. Can a company assign, sell or set off its claim?
It can. By assignment the claim is transferred to a new creditor without the debtor's consent, it being sufficient that the debtor is notified of the assignment, which opens the possibility of selling the claim, of purchase and of factoring for faster liquidity. Matured mutual claims of two companies can be extinguished by set off, and in practice assignation and assumption of debt are also used. These instruments often bring money faster than waiting for a court outcome, so for clients we prepare assignment and set off contracts and first check whether the specific claim is suitable for transfer.
14. How is collection carried out when creditor and debtor are from different entities?
Bosnia and Herzegovina has three separate enforcement systems (the Federation of BiH, Republika Srpska and the Brčko District), with laws that differ in detail. Enforceable instruments are, however, valid across the whole of the country, and the matter runs before whichever court covers the debtor's seat or the spot where its property is located. Thus a creditor from Sarajevo will pursue its claim against a company from Banja Luka before the district commercial court there, while a company from Bijeljina will sue a debtor from Mostar before the court in Mostar. Since we work daily before the courts of both entities and the Brčko District, these differences are no obstacle for our clients.
15. What happens when bankruptcy proceedings are opened over the debtor's company?
Upon the opening of bankruptcy, individual enforcement proceedings against the debtor are stayed, and the creditor exercises its right by filing a claim with the bankruptcy court within the preclusive period set in the decision opening bankruptcy, which is published in the official gazettes. A timely filing interrupts the statute of limitations and secures participation in the distribution of the bankruptcy estate, while separate creditors (those with a mortgage or a registered pledge) have priority of satisfaction from the pledged assets. A late filing places the creditor in a considerably less favourable position. For clients we continuously monitor announcements of the opening of bankruptcy proceedings and prepare orderly claims.
16. How quickly do claims between companies become time-barred?
For mutual claims of legal persons arising from contracts on the trade in goods and services, Article 374 of the Law on Obligations prescribes a period of three years, running separately for each invoice from its due date. That is shorter than the general period under Article 371, which is five years in the Federation of BiH and ten years in Republika Srpska, so in commercial collection one practically always reckons with three years. Companies that work with the same customer for years most often lose part of their claims here, because by the time proceedings are initiated the older invoices are already time-barred even though the cooperation is still alive. The period is interrupted by the debtor's acknowledgement of the debt, the filing of a claim or an enforcement motion and the filing of the claim in bankruptcy proceedings, while an ordinary demand letter and an oral promise of payment have no such effect. That is why we check limitation for each invoice separately before the company decides whether to enter proceedings at all.
17. What if the debtor transfers assets to a related person or a newly founded company?
A transfer of assets is not necessarily the end of collection. If the disposal left the debtor without sufficient means to settle the debt, a creditor whose claim is due may contest the act under Article 280 of the Law on Obligations. The claim is filed against the third party that acquired the assets, not against the debtor, and the contested transaction loses effect only towards that creditor and only to the extent necessary for his satisfaction. In the case of a sale it must be proven that both the debtor and the acquirer knew or could have known that creditors were being harmed, while with a gift the proof is much simpler. The deadline matters most: under Article 285 paragraph 1 it runs from the day the act was undertaken and amounts to three years for gratuitous disposals, and is shorter for onerous ones. The period is preclusive, so missing it extinguishes the right itself, which is why we monitor changes in the land register and the court register from the moment we take over the case.
QUICK GUIDE: FROM DOCUMENT TO RECOVERY
The table below shows the route collection takes depending on what the company holds.
| Your situation | Route to recovery |
|---|---|
| A customer is not paying due invoices | enforcement on an authentic instrument before the commercial court |
| You hold the debtor's bill of exchange | completing the bill and direct enforcement against accounts |
| A mortgage or pledge is registered in your favour | satisfaction from the pledged assets by order of priority |
| The debtor's account is already blocked | urgently obtaining a decision to secure a place in the order of collection |
| The debtor has objected to the decision on enforcement | commercial dispute and proof of the debt with documentation |
| Bankruptcy has been opened over the debtor | filing the claim within the deadline set in the opening decision |
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Law office Prnjavorac has been active since 1993. Today, in its fourth decade of practice, it counts 1,056 Google reviews with an average rating of 5.0 / 5 on two independent Google business profiles.
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