Most businesses in Cyprus, at some point, end up with at least one client who stops paying. Sometimes it is a cash-flow issue, sometimes it is a conscious choice to delay, and occasionally the debtor is simply betting that you will lose interest and write it off.
Cyprus law gives creditors a clear way to respond. Since 1 September 2023, new Civil Procedure Rules (CPR) apply to new cases and place much more weight on what is done before a case goes to court. If that stage fails, the rules set out how you obtain a judgment and then enforce it against the debtor’s assets.
Below is how this usually plays out in practice in a typical debt case.
Taking Stock Before You Start
Before sending a formal demand or filing anything at court, it is worth taking a short pause and asking:
– Is the amount owed clear and straightforward, or is there a genuine dispute?
– Do you have the documents you need (contract, invoices, statements, emails)?
– Does the debtor actually have assets in Cyprus or elsewhere that you can realistically reach?
– Are you still within the limitation period?
Limitation periods are set by the Limitation of Actionable Rights Law 66(I)/2012. In most ordinary commercial debt situations, a key figure is six years from when the claim arose, with a wider “outer” period of ten years applying to most civil rights. The law has its own technical detail, but for day-to-day business debts, six years is normally what matters.
By the time many creditors come to us, they have already sent reminders and “last chance” emails for months. That is understandable, but the limitation clock does not stop while those informal efforts are taking place.
The Pre-Action Protocol for Monetary Claims
Under the new CPR you are not, in general, allowed to jump straight into litigation. For debt claims, the starting point is the Pre-Action Protocol.
The Letter of Claim
The pre-action protocol requires a formal letter of claim to be sent to the proposed defendant. This is not just a short “please pay” note. It should:
– Identify the parties and explain briefly their relationship.
– Set out, in normal language, what happened and why the amount is owed.
– State the exact amount claimed, including interest if you are claiming it.
– Enclose the main supporting documents (for example, the contract and key invoices).
– Give a clear deadline for the debtor to respond – normally 14 days from receipt.
The debtor is expected to reply within that period. If they dispute the debt, they should explain on what basis and provide copy documents. If they accept it, they should say how and when they propose to pay.
Why This Stage Matters
The new CPR expect parties to make a genuine effort to resolve or narrow the dispute before proceedings are issued. A party who simply ignores the protocol may win the case but still face adverse costs orders if the court decides they behaved unreasonably.
There are situations where you can shorten or skip the protocol stage – for example, where the limitation period is about to expire or some real urgency justifies immediate court action – but these are exceptions, not the rule, and the court will look closely at them.
Starting Court Proceedings
If there is no response, or if the response is not satisfactory, the next step is to issue proceedings in the District Court.
The new CPR provide for a standard procedure used in most debt cases, and a more simplified route for situations where there is no real factual dispute or where the rules specifically direct you to use it. For most commercial debts, the standard route will be followed.
Claim Form, Appearance and Defence – Core Steps
Without turning this into a procedural manual, the basic rhythm of a straightforward claim looks roughly like this:
- Claim form and Statement of Claim – The claim starts with a claim form being filed at court. A Statement of Claim can be filed at the same time or, if not, within 28 days after the claim form is served on the defendant.
- Memorandum of appearance – Once served, the defendant generally has 14 days to file a memorandum of appearance with the court.
- Defence (and counterclaim, if any) – After the appearance is filed, the defendant usually has 28 days to file a defence.
- Reply – If the claimant wishes to reply to the defence, this is normally done within 14 days.
After these pleadings are exchanged, the case moves into a case-management phase. The court then gives directions on evidence, documents and future steps, and will often encourage the parties to consider settlement.
From Judgment to Actual Recovery
A judgment confirms that the debtor owes the money, but it does not compel them to write a cheque. If they still do not pay, you need to decide how to enforce that judgment.
Main Enforcement Methods in Cyprus
Examination of the Judgment Debtor and Instalment Orders
The court may summon the judgment debtor to disclose their financial situation. This can lead to an order that the debt be paid by instalments.
Writ of Movables
This authorises the seizure and sale of movable property – vehicles, machinery, goods – with proceeds going toward the judgment debt.
Charge (“Memo”) on Immovable Property
A judgment can be registered against immovable property at the Land Registry as a memo. This secures the debt on that property. Under current law, a memo remains valid for ten years and may be renewed by court order.
Sale of Immovable Property
If payment remains outstanding, the creditor may apply for a writ of sale. The property is sold, and proceeds applied to the judgment debt.
Garnishee Orders (Third-Party Debt Orders)
This allows the creditor to attach money held by third parties, usually bank accounts, and have it paid directly to the creditor.
Encumbering Orders Over Shares
These can freeze or charge shares held by a debtor in Cypriot companies.
Insolvency Proceedings
In extreme cases, bankruptcy (for individuals) or winding-up (for companies) may be used as pressure where other enforcement tools fail.
Choosing the Right Route
There is no “one size fits all”. Asset searches, Land Registry inquiries and common sense are essential before choosing which enforcement strategy to pursue.
Our Services
We assist local and international clients with debt recovery across all stages: pre-action letters, negotiations, court proceedings and enforcement. If you are facing an unpaid debt in Cyprus, we can examine your case and advise on practical recovery options.
