Mgr. ANNA VEJMELKOVÁ, advokát

business, signature, contract, document, deal, paperwork, hand, ready, to write, ok, contract, contract, contract, contract, contract, paperwork-962358.jpg

Enforcement or Insolvency – Which One to Choose If You’re Drowning in Debt?

Print

“I only missed one health insurance payment. Then came a penalty. Then another. Suddenly, I was facing enforcement proceedings. Now an insolvency firm is calling, promising to fix it all for me…”
Thousands of people in the Czech Republic face a tough decision: keep fighting enforcement or file for insolvency? Both paths have serious consequences. And choosing the wrong one can cost you years of your life – or property you might have otherwise kept.

📌 This article is part of the complete legal guide for debtors: Debt Enforcement in the Czech Republic – Complete Guide for Debtors (Velký rozcestník)

Many people search online for the difference between enforcement and insolvency, but few truly understand the legal and practical impacts of either option. This article helps you decide when insolvency is the right choice – and when it’s better to resist enforcement.

What you’ll learn in this article

  • Key differences between enforcement and insolvency

  • When you still have a choice – and when you don’t

  • Pros and cons of both approaches

  • What a lawyer advises people who are unsure what to do


Enforcement vs Insolvency – What’s the difference?

Enforcement means executing a final decision. The debtor has failed to meet their obligation, and the court or bailiff begins taking action. It’s about collecting a specific amount – often swiftly and harshly.

Insolvency is a legal process started by the debtor (or creditor) when multiple debts can no longer be managed. The goal is to settle the debts fairly, possibly through debt relief or liquidation of assets. It takes years.

The key difference: Enforcement never forgives your debt – it just collects. Insolvency can lead to partial or even full debt forgiveness – but in exchange for strict financial oversight and years of hardship.


When do you still have a choice?

You have a choice before insolvency proceedings begin, if you have multiple debts but are not yet insolvent. Once multiple enforcements are pending and you can’t keep up, insolvency may be your only option.

If you have just one enforcement or substantial income or assets, filing for insolvency could be unnecessary – or even harmful.


Advantages and disadvantages of each path

FactorEnforcementInsolvency
DurationFast, monthsLong, 3–5 years
Asset impactMay target specific propertyAll assets reviewed
NegotiationPossible (installments, suspension)Limited – court decides
Debt forgivenessNoYes, if conditions are met
PrivacyNot publicPublic record in insolvency register
Long-term consequencesSmaller but recurring riskSevere but may resolve everything

Lawyer’s recommendation

If you are managing your debts and only face one or two enforcements, try resolving them directly – via installment plans or filing for suspension.

If your debts are piling up, multiple creditors are threatening enforcement, or you’re at risk of losing your home, consider debt relief immediately. But beware: don’t fall for shady “debt relief companies” charging CZK 20,000 just to “review your case.”
Talk to a lawyer or accredited non-profit advisor instead.

Not sure whether to file for insolvency or fight enforcement?
Let’s talk. I’ll assess your case and recommend the best strategy.
📩 I offer legal help at fixed prices, entirely online across the Czech Republic.
🟢 Don’t wait until you’ve lost everything. Reach out today.

Contact a legal professional – I specialize in debt collections (learn more here) and enforcement (learn more here).

 

Where do I provide legal services?
I help clients across Prague, Central Bohemia, and South Bohemia. Here are a few selected locations:

🔹 Lawyer Prague 1
🔹 Lawyer Prague 6
🔹 Lawyer Příbram
🔹 Lawyer Nymburk
🔹 Lawyer České Budějovice

👉 See all locations here:
https://www.vejmelkova.cz/en/how-to-find-your-czech-lawyer/

Do you want to know more?

Scroll to Top