Courts and Codes
Civil obligations sit in the Código Civil, with commercial matters heard by the Juízo de Comércio divisions of the judicial courts. Enforcement is carried out by an agente de execução, a private enforcement agent operating under court supervision with direct access to registry and banking data - which makes Portuguese enforcement faster than the reputation of the court system would suggest.
Injunção Through a Single National Desk
The injunção is filed electronically with the Balcão Nacional de Injunções in Porto, which handles applications for the whole country. For debts arising from commercial transactions there is no upper value limit, so the procedure is usable on substantial claims and not merely small ones.
The debtor is served and has a short period to oppose. Where no opposition is filed, the registrar affixes a fórmula executória - a formula rendering the injunção directly enforceable, with no separate judgment required. Opposition converts the matter into ordinary declaratory proceedings before the competent court.
Prescription Runs Long Here
Portugal's ordinary prescription period is twenty years, which is exceptional in Europe and materially changes what is worth pursuing. Shorter periods apply to specific categories of obligation, so an old claim still needs assessing rather than assuming - but the working presumption for a Portuguese commercial receivable should be that it is probably still live.
The practical implication: where a creditor has written off Portuguese invoices as too old to chase, that judgement was frequently made against the wrong benchmark.
Commercial Late Payment Interest
Portugal implements the EU Late Payment Directive with a separate and higher rate for commercial transactions than the ordinary civil interest rate, published periodically by the authorities. A fixed sum for recovery costs is also available. Because the commercial rate is materially above the civil one, applying the correct rate makes a real difference on an aged claim - and applying the wrong one undermines the demand.
How Long Does a Portuguese Claim Take?
| Stage | Typical Duration | Cost |
|---|---|---|
| Pre-legal demand Interpelação, negotiation, settlement | 3–6 weeks | Low |
| Injunção Electronic filing to fórmula executória | 2–4 months | Low |
| Declaratory proceedings Where the debtor opposes | 1–3 years | High |
| Enforcement Agente de execução - accounts, assets | 3–8 months | Medium |
How Does SXB Global Handle a Portuguese Case?
On Portuguese files we look at the age of the debt differently from elsewhere - claims other jurisdictions would treat as dead are often enforceable here. We then assess whether the injunção route is open, which depends on the debt arising from a commercial transaction and on the debtor's likely response. Where legal proceedings become appropriate, SXB Global coordinates the instruction of appropriately authorised local counsel. Legal services are provided by the relevant independent legal professionals.