Debt Collection Cyprus: Get what you're entitled to
Did a client in Cyprus not pay the invoice? Did you lend money that you never got back? Or do you have a damage claim on the island? Collecting outstanding debt in Cyprus discourages many creditors because it is complicated and time-consuming.
A debt collection agency can take care of recovering your money. Our aim is to make sure that our clients receive what they are entitled to as quickly as possible. Whether it concerns unpaid invoices or other claims in Cyprus, we know how to collect your money. To do this, we use our carefully assembled network of attorneys and bailiffs in Cyprus.
Specialized in Cypriot debt collection
It is always troublesome when customers or other debtors do not pay you. It becomes even more difficult when your debtors are located abroad.
How can you collect the outstanding debts? Which law applies? In Cyprus, the situation is further complicated because a part of the island is under the control of Turkey and a different legal system is de facto applied.
Collection Company specializes in international debt collection. Our specialists know exactly how to deal with defaulters. We have developed an efficient debt collection strategy and work together with lawyers, attorneys, and bailiffs in Cyprus. They know exactly which rules and legislation apply, which court we may need to go to, and how we can effectively collect your claim.
As our client, you have one dedicated English speaking contact. This international debt collection specialist coordinates the procedures and maintains contact with the local specialists. This way, you don’t have to worry about the language barrier. You can monitor the progress of the debt collection process 24/7 through our Online Cockpit.
Do you want to know more about our debt collection services in Cyprus? Contact us for a free consultation.
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Do you have a debt collection case in Cyprus? Please leave your contact information and one of our specialists will get in touch with you as soon as possible to discuss your case.
Why choose Collection Company for your debt recovery in Cyprus?
Debt collection in Cyprus
At Collection Company, debt recovery typically consists of two interrelated processes: the extrajudicial phase and, if necessary, a judicial procedure.
When a bill or invoice remains unpaid, the first step is to attempt collection through extrajudicial or amicable means. The extrajudicial phase involves all efforts to collect the debt without involving the courts. In 9 out of 10 cases, this is sufficient to recover your money.
If it is not possible to collect the debt through an amicable process, you have the option to initiate legal proceedings. Below, we explain what both the extrajudicial and amicable phases entail in Cyprus.
Extrajudicial debt collection in Cyprus
Extrajudicial debt collection, also known as amicable debt collection, is the attempt to recover the debt without involving the court. It is the fastest and most efficient way to ensure you receive your money, so at Collection Company, we always start with an extrajudicial process.
This process includes sending a payment reminder on our behalf. In most cases, this is sufficient to enforce payment of the outstanding amount.
Additionally, we personally contact your debtor. We do this by phone, email, and through SMS or WhatsApp messages. If necessary, there are 16 contact moments with your debtor within a period of 3 weeks. We gradually increase the pressure during these interactions.
If the amount owed is not paid, we send one final reminder. In this letter, we inform your debtor that they will be taken to court if payment is not received by the specified date.
Since we work with lawyers in Cyprus, we can conduct all communication with your debtor in Cypriot language. This increases the chances of payment even further.
Court proceedings in Cyprus
If your debtor in Cyprus persistently refuses to pay, there is no choice but to initiate legal proceedings. How this is done in Cyprus depends on the amount of the claim.
We need to file your claim with one of the five district courts on the island (in Nicosia, Limassol, Larnaca, Paphos, or Famagusta). We do this by preparing a notice of default and sending it to the court.
Subsequently, based on the amount of the claim, it is determined which judge will handle the case:
- Claims up to 100,000 euros are handled by district judges.
- Claims between 100,000 and 500,000 are handled by senior district judges.
- Claims exceeding 500,000 are handled by the president of the court.
The court sends a summons to your debtor. This is an official call to appear before the court. Your debtor has the opportunity to file a defense against the claim within 14 days. As a creditor, you then have 7 days to respond.
The judge will study all submitted evidence. Then, a hearing will be scheduled. During the hearing, both the creditor and the defendant have the opportunity to substantiate their arguments. Both parties can request the judge to summon witnesses. Ultimately, the judge will render a decision.
If either party disagrees with the judge’s ruling, they can appeal to the Court of Appeal.
It is not always possible to rely on the Cypriot legal system. This is the case when your debtor is located in Northern Cyprus.
Although Cyprus is officially one country, the nation is administratively divided in two. The northern part of the island has been occupied by Turkey since 1974. In 1983, the Turkish Republic of Northern Cyprus was declared. Therefore different legislation applies and a different legal system is in effect.
Although no country other than Turkey recognizes the Turkish Republic of Northern Cyprus, the European Court of Human Rights has determined that it is sometimes necessary to recognize judicial decisions of courts in Northern Cyprus for practical reasons.
European Small Claims Procedure
Cyprus is part of the EU. Therefore, it is not always necessary to collect your claim through the Cypriot legal system. There are special European procedures to recover cross-border claims. These procedures have been established to make it easier to collect unpaid bills abroad (but within the EU).
For example, if you have a claim under 5,000 euros, we can use the European Small Claims Procedure (ESCP). This is a fast-track procedure that is completely digital.
If we use the European Small Claims Procedure, we can submit your claim to the court in your country. The court will then forward the claim to your Cypriot debtor. Your debtor can raise objections, and both parties can submit digital evidence. The judge may even organize a videoconference hearing.
Ultimately, the court will make a ruling. This judgment is enforceable in all EU countries (except Denmark).
European Payment Order (EPO)
If your debtor does not object to your claim, but simply does not respond to your reminders and notices, it is an uncontested claim. In this case, we can request a European Payment Order (EPO) for cross-border claims, even if the claim exceeds 5,000 euro.
We can request a European Payment Order from the designated court in your own country. They issue the payment order based on several standard forms that we fill out for you. The payment order is then sent to your debtor. The debtor has the opportunity to file an objection to the claim. If that does not happen, we can enforce the European Payment Order by seizing assets from your debtor.
What does a debt collection procedure in Cyprus look like?
We always start the debt collection process with an amicable phase, where we send a reminder to your debtor. We also make contact by phone. Gradually, we increase the pressure through phone calls, SMS or WhatsApp messages, and emails. We continue this until the outstanding invoice is paid. In a period of 3 weeks, there will be a maximum of 16 moments of contact.
If payment is not made during these 3 weeks, we send a final reminder. In this message, we inform your debtor that legal actions are inevitable if they do not pay. We make it clear that there will be substantial costs associated with this for them.
Ultimately, it is up to you whether you want to proceed with legal action. If you do, our international debt collection specialist will discuss with you the legal options available and what the legal process will entail.
Interim measures in Cyprus
A legal case can take months to resolve. Of course, we don’t want your debtor to use that time to hide their assets, leaving nothing to collect once the court makes a ruling.
That’s why we can ask the court in Cyprus to impose an interim attachment. This means that the debtor’s assets will be placed in custody by a bailiff until a court decision is made. As long as the assets are under attachment, your debtor cannot access them.
An interim attachment is possible in Cyprus if:
- the court considers the case significant enough.
- your claim has a chance of success.
- it would otherwise be difficult or impossible to enforce the court’s decision at a later stage.
Enforcement procedures in Cyprus
A court judgment in Cyprus automatically has an enforceable status. Once the court has made a ruling, we can immediately execute the judgment. For example, we can do this by requesting an order of seizure. In that case, the court appoints a bailiff to seize assets from your debtor. It is even possible to seize assets from third parties.
It is also possible to request the court to impose a payment arrangement.
As a creditor, we still have a strong leverage tool at our disposal if your debtor really refuses to pay: a bankruptcy petition. In Cyprus it is possible to file for bankruptcy of your debtor if they do not pay.
According to Cypriot bankruptcy law, your debtor is considered bankrupt if they do not repay their debts within a reasonable period of time. In Cyprus, it is possible to file for bankruptcy of your debtor if the claim exceeds 854 euros.
Of course, nobody wants to go bankrupt. Our experience is that the debtor suddenly finds a way to pay once a bankruptcy petition is filed.
If your debtor really can’t meet their payment obligations, the court declares them bankrupt. A trustee is then appointed to assess the assets of your debtor and all creditors. The creditors are repaid as much as possible from the assets.
Advice about your case?
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Legal areas of debt collection
As an international debt collection specialist, we handle various types of claims in Cyprus. We collect outstanding invoices as well as compensation claims. We can also mediate in rental and purchase disputes.
We are active in the following legal areas:
- Construction law
- Rental and leasing
- Buying and selling
- Labor law
- Agency agreement
- Damages and wrongful acts
We work directly for clients, but we also help intermediaries such as law firms or accounting companies.
Anything else we can help you with in Cyprus?
- Reliable advice on contracts and terms
- Credit information on companies in Cyprus
- Disputes regarding retention of title and right of reclamation
- Mediation in reaching private agreements and settlements
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Free advice on debt collection in Cyprus?
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FAQ: Frequently Asked Questions about Cyprus debt collection
FAQ: What do we need to recover your claim in Cyprus?
If you have an outstanding claim in Cyprus, you can initiate a debt collection procedure right away. When you transfer your claim to us, we would like to receive as many supporting documents as possible. These may include invoices, reminders, purchase agreements, and bank statements.
It often happens that a creditor does not have all the evidence readily available. We understand that completely. You can still submit your claim to us. Subsequently, you can discuss with our debt collection agent what evidence you do have for your claim.
If possible, we would appreciate receiving the following documents:
- A copy of the agreement
- Email correspondence confirming the agreement
- A fax confirmation
- Your summary of the agreed terms
- A copy of your general terms and conditions
- Any proof of delivery, if available.
FAQ: Who pays for the costs of a legal procedure?
In Cyprus, it is customary for the costs of a lawsuit (lawyer fees, bailiff costs, court fees) to be initially borne by the creditor. When the judge makes a ruling, the legal costs of the winning party are typically awarded to the losing party. These costs can be collected together with the original debt, for example through seizure of assets.
FAQ: Do you need a lawyer for a collection on Cyprus?
According to Cypriot law, it is not mandatory to hire a lawyer to file a lawsuit against your debtor, nor is it necessary to have a lawyer represent you during the legal proceedings. However, in some cases, it is advisable to seek legal assistance from a lawyer, especially when the stakes are high. That is why Collection Company collaborates with top lawyers in Cyprus.
FAQ: When do claims in Cyprus expire?
In principle the statute of limitations in Cyprus is 10 years. This period starts when you take action against your debtor, for example, by sending a reminder or a demand letter. Additionally, specific limitation periods apply to certain matters. For claims related to contract work, there is a limitation period of 6 years.
FAQ: Why not hire a debt collection agency in Cyprus?
It is entirely possible to hire a Cypriot debt collection agency for debt collection on the island. The difficult part is that you will quickly encounter a significant language barrier if you do not speak Greek or Turkish yourself.
Furthermore, many collection agencies only handle extrajudicial collection. If the amicable phase fails, you will have to find a lawyer in Cyprus yourself to initiate legal proceedings.
Collection Company takes care of the entire collection process, from the amicable phase to the extrajudicial phase. For this purpose, we work together with a network of bailiffs and lawyers in Cyprus.
As a client, you communicate with our dedicated English speaking debt collection specialist. You do not have to communicate with your debtor and the local specialists yourself. Through our Online Cockpit you will be able to continuously monitor the progress of the debt recovery process.