What may a debt collection agency do, and what may it not?
Conditional — a private debt collection agency may contact you and propose a settlement, but it has no enforcement powers whatsoever. It cannot freeze your account, garnish your wages, enter your home or take your things, nor may it add its own "penalties". Enforced collection (ovrha) is carried out only by the court, a notary public and FINA: on the basis of an enforcement document FINA freezes accounts and redirects wages, while movables and real estate are handled by a court enforcement officer. Here the main myth that "the agency comes for your things" falls: a debt may be sold on to an agency, but it still has to go the same legal route through the court and FINA. The law protects your livelihood: on wage enforcement two-thirds of the average net wage is protected (up to 868 euros), and receipts such as child allowance are wholly exempt and paid into a protected account at FINA.
📋 The rules
- The agency has no enforcement powers: a private collection agency may call, write and offer a settlement, but cannot freeze an account, garnish wages or seize things.
- The state and FINA run enforcement: enforced collection is carried out by the court, a notary public and FINA on the basis of an enforcement or authentic document (Enforcement Act).
- Protected part of wages: on wage enforcement two-thirds of the average net wage, up to 868 euros, is exempt; FINA publishes the figure each year.
- Wholly exempt receipts: child allowance, part of social benefits and the like are exempt from enforcement and received into a protected account at FINA.
- No deception: the agency may not present itself as a court or enforcement officer or threaten non-existent measures — that breaches consumer-protection rules.
🔓 Exceptions
- A lower wage: if the wage is below the average net wage, three-quarters is exempt, but not more than two-thirds of the average; maintenance has its own, lower thresholds.
- Maintenance: on enforcement for statutory maintenance the exempt amounts are lower (651 euros, or 325.50 euros for child maintenance).
- Limitation and merits: part of a debt may be time-barred or non-existent; against a notary's payment order you can file an objection in time, moving the dispute to court.
⚠️ Penalties & fines
Enforcement itself is not a "penalty", but its consequences hit the household budget hard: FINA freezes every account, wages are redirected, and default interest and enforcement costs — notarial, court and lawyer's — are added to the debt and often exceed the principal. A freeze is recorded and hampers credit, renting and some jobs. If an agency or creditor deceives you, threatens unlawful measures or harasses you, that breaches consumer-protection rules, which you report to the State Inspectorate, while unlawful processing of your data goes to AZOP. The cost is psychological too: pressure by phone calls does not change the legal route — the debt still has to be proven and collected through the court and FINA. The biggest misconception is that you are "left with nothing": the protected part of your income and the protected account are exempt by law, so no one may touch your minimum for living.
📎 Official sources
- FINA — protected account and amounts exempt from enforcement →
- zakon.hr — Enforcement Act (enforcement on wages and accounts) [Croatian] →
- Central Consumer Portal — debt collection and debtors' rights →
❓ Frequently asked
Can a collection agency freeze my account?
No; an account freeze is carried out only by FINA on the basis of an enforcement or authentic document, not by a private agency. The agency may only contact you and propose instalments or a settlement.
Can an enforcement officer take my whole wage?
No; on wage enforcement two-thirds of the average net wage is exempt, up to 868 euros under the figure FINA publishes each year. If your wage is below the average, three-quarters is exempt, but not more than two-thirds of the average.
Which receipts are fully protected?
Receipts such as child allowance and part of social benefits are wholly exempt from enforcement and paid into a special protected account at FINA. That is why it is important to open a protected account in time so a freeze does not catch that money.
Can I dispute the debt?
Yes; against a notary's payment order you can file an objection within the statutory deadline, which moves the matter to court. Part of a debt may also be time-barred, so the merits of the claim are examined in the proceedings.
What if the agency harasses or threatens me?
Presenting the agency as a court or enforcement officer, threatening non-existent measures and harassment breach consumer-protection rules. You report such conduct to the State Inspectorate, and unlawful processing of your data to AZOP.
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