Securing a Debt: How to Make Sure You Get Paid
When your debtor stops picking up the phone…
You lent money to a friend. You sold goods on invoice. Or you signed a contract with a seemingly reliable client. And now? Silence. No payments, no replies. The worst part is the feeling of helplessness – you did everything right, and yet you’re left with nothing.
But maybe things could’ve been different from the start. There are legal tools that won’t guarantee 100% success, but they significantly increase your chances of getting paid. And if you don’t – you’ll have crucial evidence and legal leverage on your side.
🔗 Article guide: Full Debt Collection Process
Want to learn about the full debt recovery process? Start here:
👉 Debt Collection – Full Guide
Creditors often search for phrases like “securing a debt,” “how to guarantee repayment,” “promissory note or guarantor,” “acknowledgment of debt template,” “how to get a debtor to pay,” or “guarantor obligations.” This article answers exactly those questions.
What options do you have as a creditor?
1. Acknowledgment of debt – a simple but powerful tool
If someone signs a written statement acknowledging their debt, it significantly simplifies any future legal process.
📌 Pro: Hard to dispute in court.
📌 Con: Doesn’t guarantee payment – the debtor might still be broke.
2. Promissory note – fast-track leverage
A promissory note can speed up the court process. If it’s not paid, you can quickly request a payment order.
📌 Warning: Must be drafted correctly – or it becomes void.
3. Collateral – when an asset backs your claim
With collateral, you gain a legal right to a specific asset (car, property, etc.) if the debt isn’t paid.
📌 Must be registered! Otherwise, it won’t protect you against third parties.
📌 Con: Selling the asset can be tricky if other creditors are involved.
4. Guarantee – someone else shares the risk
A guarantor agrees to pay the debt if the original debtor doesn’t. Common for loans.
📌 Pro: You can go directly after the guarantor.
📌 Con: The guarantor may also lack funds.
5. Notarial deed with enforceability clause
Also known as a “court-free enforcement title.” With this, you can go straight to the bailiff without suing.
📌 Very powerful and time-saving.
📌 Con: Requires the debtor’s prior agreement – typically signed with the contract.
Real-life examples
Irena rented out her apartment without a written agreement. Her tenant left behind €2,000 in unpaid rent. With no acknowledgment of debt or collateral, she’s stuck with just a few emails.
Tomáš lent money to a business partner and insisted on a promissory note with a guarantor. When payments stopped, he quickly obtained a court order and enforced it against the guarantor. He got his money back within 3 months.
Recommendation from a lawyer
Don’t wait until it’s too late. Creditors often “don’t want to offend” or “trust the relationship.” But legal tools work best when used before things go wrong. My advice:
Always request a signed acknowledgment of debt or similar document.
If possible, secure the debt with a promissory note or a guarantor.
For larger amounts, consider a notarial deed – it saves time and nerves.
Yes, it may feel overly formal – but this “formality” could save you thousands.
Are you lending money or entering a risky deal? Let’s make sure you’re legally protected before it’s too late. Every debt situation is unique – and the right setup can make all the difference.
Contact a legal professional – I specialize in debt collections.
Learn more here.
- Publikováno:
- Naposledy aktualizováno: 15/07/2025
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Securing a Debt: How to Make Sure You Get Paid
Print When your debtor stops picking up the phone… You lent money to a friend. You sold goods on invoice. Or you signed a contract