Debt Collection Agency Portugal: The €15,000 Threshold
Debt Collection in Portugal: The €15,000 Threshold That Changes Everything
One Number, Two Completely Different Processes
Portugal has a clean dividing line in commercial debt collection that most international guides bury in footnotes: €15,000.
Below it, you access the Procedimento de Injunção — an administrative payment order processed by the Balcão Nacional de Injunções (National Injunctions Desk) that can produce an enforceable title in 15-30 days without a court hearing. Above it, you’re in the standard Ação Declaratíva process through the Tribunal de Comércio, which takes 12-18 months.
Same debtor. Same unpaid invoice. One threshold determines whether you’re looking at weeks or years.
This single fact should shape every aspect of your Portuguese collection strategy — from how you structure invoices to when you escalate.
How the Portuguese System Works
The Injunção (Payment Order). Regulated by Decreto-Lei 269/98, this is Portugal’s most efficient collection mechanism for undisputed commercial debts. You file electronically through the Citius platform. The Balcão Nacional processes the application and notifies the debtor. If the debtor doesn’t oppose within 15 days, the injunção becomes an enforceable title — equivalent to a court judgment. For claims up to €15,000, the process stays entirely administrative. Above €15,000, the debtor can oppose and shift the matter to court.
The filing cost is modest: €25.50 for claims under €5,000, scaling to €102 for claims between €5,001 and €15,000. Even for claims above €15,000, filing the injunção first makes strategic sense — if the debtor doesn’t oppose, you have your title regardless.
The Ação Especial para Cumprimento de Obrigações Pecuniárias (AECOP). For claims up to €15,000, this special procedure provides a streamlined court process if the debtor opposes the injunção. It’s faster than standard litigation, with limited evidence phases and simplified procedures.
EU tools in Portugal. As an EU member, Portugal fully implements the European Payment Order (Regulation 1896/2006) and the European Small Claims Procedure (Regulation 861/2007). For intra-EU cross-border claims, these provide additional enforcement paths that bypass domestic court procedures.
The Retention of Title Advantage
Portuguese law recognises retention of title clauses (reserva de propriedade) under Articles 409 and 934 of the Código Civil. When properly documented, a retention of title clause means the goods remain your property until full payment — even if the debtor takes physical possession.
The practical implication: if your contract with a Portuguese buyer includes a properly drafted reserva de propriedade clause, you can reclaim the goods in the event of non-payment, rather than joining the queue of unsecured creditors. This is particularly valuable in insolvency situations, where unsecured creditors in Portugal typically recover single-digit percentages.
The clause must be in writing and ideally referenced in the invoice. Portuguese courts have upheld retention of title clauses in commercial contracts consistently, but the documentation must be explicit.
What Foreign Creditors Get Wrong in Portugal
Underestimating the amicable phase. Portuguese business culture values relationship-based resolution. A well-structured amicable approach — initial contact in Portuguese, followed by a formal carta registada com aviso de recepção (registered letter with acknowledgment of receipt) — resolves 50-60% of commercial claims without legal escalation. The registered letter is not just courtesy; it’s a legal requirement for certain procedures and creates the documentary trail you’ll need if escalation becomes necessary.
Ignoring late payment interest. Portuguese law implements the EU Late Payment Directive (Directive 2011/7/EU) through Decreto-Lei 62/2013. This entitles you to statutory interest at the ECB rate plus 8 percentage points on commercial debts, plus a fixed €40 compensation for recovery costs. Many creditors don’t claim these — but they’re automatic rights that add meaningfully to the recovery value.
Missing the insolvency signals. Portugal’s insolvency system (Código da Insolvência e da Recuperação de Empresas — CIRE) includes the PER (Processo Especial de Revitalização) — a restructuring procedure that protects the debtor from enforcement while they negotiate with creditors. If your debtor files for PER, all pending enforcement actions are suspended. Early detection of financial distress — through credit monitoring and payment pattern analysis — lets you act before PER protection kicks in.
The Portuguese Economy Context
Portugal’s commercial sector has structural characteristics that affect collection. The SME sector dominates — over 99% of Portuguese companies have fewer than 250 employees. Payment behaviour varies significantly by industry: tourism and hospitality companies often operate on longer cycles aligned with seasonal revenue, while manufacturing and export-oriented firms tend toward European payment norms.
Lisbon and Porto account for the majority of commercial activity, but the Algarve and industrial zones in the north have distinct business cultures. A local agent who understands these regional differences negotiates more effectively than a one-size-fits-all approach.
The Decision Framework
For Portuguese claims under €15,000, the injunção procedure makes professional collection straightforward: file, wait 15 days, enforce. The cost is minimal and the timeline is measured in weeks. For claims above €15,000, the injunção is still the first step — but budget for the possibility that the debtor opposes and the claim moves to court.
In both cases, the amicable phase comes first. A Portuguese-speaking agent who can send a proper carta registada and follow up with phone calls in Portuguese resolves the majority of claims before legal mechanisms become necessary.
Don’t let Portuguese debts age past 60 days without professional engagement. The legal tools are efficient — but only if you use them while the debt is still young enough to matter.
