Debt Collection Attorney
Debt Collection and Creditor Protection
Debt collection is a necessary step to protect the interests of creditors in cases where the debtor fails to fulfill their obligation within the agreed deadline. The Rako Law Office provides representation services in both out-of-court and court proceedings for debt collection, including civil litigation and enforcement proceedings before public enforcement officers.
Legal Assistance and Procedural Actions
Legal assistance includes:
- Analysis of documentation supporting the claim
- Drafting of appropriate legal submissions
- Representation throughout the entire proceeding
Where appropriate, options for out-of-court dispute resolution are also considered through negotiations and debt settlement agreements.
Specifics of Debt Collection Procedures
Debt collection procedures in Serbia require:
- Knowledge of procedural rules
- A realistic assessment of debt recoverability
- Timely action
Especially when the debt relates to:
- Contractual obligations
- Loans
- Unpaid invoices
- Other commercial and civil law obligations
Frequently Asked Questions About Debt Collection
Below you can find answers to the most frequently asked questions regarding debt collection and the application of relevant laws in Serbia:The debt collection procedure can be conducted solely before a court (in civil or enforcement proceedings), or before both the court and a public enforcement officer when the debtor has already acknowledged the obligation or when an enforceable document exists.
An enforcement procedure is a legal mechanism through which a creditor seeks the forced collection of a debt—by seizing assets, freezing accounts, enforcing monetary payments, or selling the debtor’s real estate.
An enforcement procedure is initiated based on an enforceable document (such as a court decision, final judgment, ruling, etc.) or an authentic document (such as an invoice, promissory note, acknowledgment of debt, or contract). The type of document on which the debt collection procedure is based determines the course of the proceedings.
The enforcement procedure is conducted before the competent court and a public enforcement officer. The court rules on the enforcement proposal, which is then forwarded to the public enforcement officer for further action, and the enforcement officer carries out the specific collection measures.
A civil lawsuit to establish a debt is initiated when the debtor disputes the debt or when the creditor does not possess a document that can be used in enforcement proceedings as a basis for initiating debt collection (i.e., no enforceable or authentic document).
The general statute of limitations for debt collection is 10 years. However, the law prescribes other limitation periods depending on the nature of the claim—for example, claims arising from rights with a 5-year limitation period; periodic claims, rent, damages, and mutual rights from contracts for the sale of goods and services have a 3-year limitation; and claims from utility services have a 1-year limitation. Claims based on court decisions as enforceable documents expire after 10 years. The limitation period begins on the day the claim could have been enforced or became due.
The Rako Law Office can provide legal services at all stages of the debt collection process—from preparing the enforcement proposal, initiating civil proceedings, to representation before the court and public enforcement officer—in accordance with the applicable legal regulations of the Republic of Serbia.