After the fall of communism, Poland has pursued a policy of liberalizing the economy and today is one of the examples of a successful transition from a state-run economy to a market economy. The privatization of small and medium companies that were controlled by the government and the free right of establishment of new firms have allowed the development of the powerful private sector. However, in the private sector, when a customer is unable or unwilling to pay an invoice overdue, it becomes a debtor and a procedure of debt collection can be raised against him.
A debt collection procedure can be started in Poland in the situation where a debtor is not willing to pay a debt or when he comes in the financial impossibility to fulfill the payment. With a vast experience in debt collection in Poland, our lawyers can offer assistance to those who need to recover various amounts of money from debtors.
Types of debt collection procedures in Poland
There are two ways of recovering a debt in Poland, through an agreement between the creditor and the debtor which represents the amicable debt collection procedure, and the court procedure through which a judge issues a decision for the recovery of a debt.
In Poland, the law provides that a pre-trial procedure is mandatory, which mainly consists of the amicable settlement between the parties. In this sense, the creditor has to inform the debtor several times and by multiple means (letters, e-mails, and faxes) about the debt. The debtor must also be informed about the risks involved when he does not pay the debt.
Since 2011, when the debt collection procedure implies companies, the action comes in charge of the Business Court in Poland.
If you need help in recovering a debt, our debt collection lawyers in Poland can help you, no matter if you need to recover any outstanding amount of money from natural persons or companies.
Amicable debt collection in Poland
As seen above, trying to recover a debt amicably is mandatory, as it is part of the pre-trial debt collection proceedings in Poland. The important aspects of an amicable debt recovery procedure are:
- there are no specific court protocols to follow when starting the amicable debt recovery process in Poland;
- the creditor has the freedom of choosing to try and collect the debt him/herself, or appoint a law firm or debt collection agency in Poland;
- the initial purpose of the amicable debt collection procedure is to have the debtor acknowledge the debt;
- then, the procedure should help the creditor and the debtor reach an agreement for the repayment of the debt;
- the amicable debt collection procedure should help with a speedy and simple recovery of any amount of money and thus avoid court litigation.
It is important to note that the creditor through his/her legal representative must notify the debtor several times even during the amicable debt recovery procedure as the evidence will be used in the Polish court of law.
As mentioned above, the creditor can ask for the services of a Polish debt collection agency or law firm starting with the initial stage of the debt recovery procedure.
Considering the main goal of the amicable debt collection procedure is the recovery of any outstanding amount of money, our debt collection lawyers in Poland can advise on how to reach an amicable agreement with the debtor.
Court debt collection in Poland
When the debtor does not answer to the creditor’s amiable attempt, the creditor has the right to bring the case before the Common Court to obtain a writ of payment.
When the case reaches this point there are two possibilities:
– Injunction: when the creditor has all the documents that prove the debt, the proof of delivery and the debtor’s recognition (signed and stamped) regarding the debt, situation in which the Court issues the writ of payment and charges the creditor with a 1,25% court fee and the second situation implies that the creditor. This procedure lasts about three months. When the creditor files an appeal against the writ of payment, the case is transferred into a regular lawsuit.
– Writ proceedings: this procedure targets the situation when the creditor can not present the complete documentation and the missing document is the debtor’s recognition of the debt. However, when the rest of the documentation is accurate, the Court may issue a writ of payment. The court fees represent 5%, calculated in accordance with the amount of money to be recovered. The debtor is entitled to file an appeal and he will not be charged with the costs of the appeal. In this situation, the case is turned into a regular lawsuit and in 75% of cases, when a final decision is issued in the creditor’s favor, the debtor is also charged with the costs involved in this procedure.
The trial procedure starts when the amicable settlement failed or when the debtor files an appeal against the writ of payment.
An important thing to consider when chasing a debt which implies monetary claims is for the creditor to choose for a writ of payment. This procedure is much simpler and easier to complete and will also take less time.
The writ of payment is usually issued after the first hearing of the case, however, it must be noted that the creditor must have all the documents attesting to the failure of payment. Based on the evidence, the Polish court will issue the court order which will be served directly to the debtor.
The Polish regulations provide that a pre-procedure is required, which consists of exchanging proofs and statements in writing between the parties until the court considers there is enough evidence to judge the case.
Both parties will be summoned to a court hearing where the judge will analyze the proofs given by both parties, will hear the statements and, in accordance to the law’s provisions, the court will schedule a date to publish the decision. Both creditor and debtor will be informed in writing about the Court’s decision.
Both parties are entitled to file an appeal against the decision issued by the court, action which will be solved by the court of the second instance (local court to district court and district court to higher regional court).
The court costs are charged by three categories: flat rate fees, proportional fees, and basic fees, depending on each action involved in the entire procedure. All the fees must be paid in advance for each step of the proceeding by the party who starts the action.
When the Court’s decision is taken in the creditor’s favor, all the court costs are charged to the debtor and are added to the initial claim.
The injunction and the writ proceedings usually take between two and four months, while the trial procedure can last for 12 months or more, depending on the complexity of the case and the court’s availability.
Our debt collection lawyers in Poland can offer representation during the court debt recovery procedures.
Enforcement of debt collection orders in Poland
No matter if the debt collection procedure was completed through a writ or payments of the ordinary litigation proceedings, once the court decided for the debtor to pay the outstanding amount of money, an order will be issued. The order must be enforced based on a specific protocol which implies:
- the creditor to file a petition for the enforcement of the court order with the court’s bailiff;
- the application must contain detailed information on the actions which need to be completed by the bailiff;
- the bailiff will start the enforcement procedure of the court order, in accordance with the application;
- the bailiff must act in accordance with the law when it comes to the assets which can be used for repayment of the debt;
- the bailiff can seize the assets and put them for public auction in order to fulfill the enforcement of the court decision.
When it comes to the assets which can be sized in debt collection in Poland, these can be immovable or movable assets. Among these, real estate property, automobiles or other amounts of money not deriving from the debt can be used to satisfy the claim of the debtor.
If you need assistance in court debt collection in Poland, our law firm can represent your interests before the court. We can also advise on the enforcement of EU court orders.
Services offered by our debt collection lawyers in Poland
With a deep knowledge of the legislation, our lawyers can offer assistance in debt recovery in Poland, no matter if the procedure targets natural persons or legal entities. Our services start as soon as you decide to recover your debt and we can support you during the amicable debt collection procedure in order to obtain a repayment of the debt in the shortest period of time possible.
We can also help with the preparation of all the documents which need to be filed with the court for a litigation debt collection procedure. We can also assist with the enforcement of the court decision.
Please contact us for detailed on our services and information on how we can help you in debt collection in Poland.