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Debt Collection Steps in Poland

Debt Collection Steps in Poland

There are two main ways of recovering a debt in Poland: through the amicable procedure and through the court proceedings. A particular fact about Poland is that court proceedings cannot begin unless the creditor has first attempted to recover the debt amicably. This is because the creditor will need to submit proof or contacting and notifying the debtor about the outstanding amount of money.

There are several debt collection steps which need to be completed in order to satisfy a monetary claim in Poland. No matter the chosen procedure, the services of debt collection agencies or lawyers in Poland can be a real help.

Below, our debt collection lawyers in Poland explain the main steps which need to be taken when dealing with debt recovery in this country. You can rely on us no matter the type of debt collection procedure you decide for.

The main steps for debt collection procedures in Poland

As mentioned above the first step in recovering a debt in Poland is the actual amicable procedure, however, this must also be completed by following a few regulations and by undergoing several stages.

The debt collection steps in Poland consist of:

  1. contacting the debtor and bringing to their attention the amount of money to be paid;
  2. trying to make the debtor acknowledge the debt and reaching an amicable repayment arrangement;
  3. reminders and payment demands must be sent in case the debtor does not respond and the legal action will be the next step;
  4. filing a petition with a Polish court is where the amicable procedure ends and the first step in court proceedings begins;
  5. once the summons is issued by the court, each party must submit their evidence in connection to the case;
  6. the court will hear both sides in the trial and issue a ruling which can consist of a declaration of enforceability which will help the creditor recover the debt;
  7. specific orders can also be issued by the Polish court, in accordance with the amount of money to be recovered.

It should be noted that there is also an expedited method of debt collection in Poland which implies filing for a writ of payment with a local court.

Our debt collection lawyers in Poland can assist in both types of legal procedures related to recovering a debt.

Amicable debt recovery in Poland

The amicable debt collection procedure in Poland implies a few steps which usually consist in contacting the debtor one or several times (it depends if the debtor responds or not), sending them reminders and dunning letters related to the payment of the debt and, in case of a favorable answer from the debtor, a payment scheme can be arranged through which the indebted party starts paying again.

It is best to have a lawyer draft an agreement or contract in case the amicable debt recovery procedure in Poland is successful.

Court procedure steps in debt collection in Poland

When it comes to the legal procedure of recovering a debt in Poland, there are more steps to be considered. It is also important to note that the procedure is lengthier. It is also advisable to hire debt collection lawyers who can handle the proceedings in a professional manner.

Our debt collection lawyers in Poland can represent creditors in court and assist them with:

  • filing the petition for the expedited writ of payment or ordinary litigation procedure, depending on the situation;
  • completing all the due diligence on the debtor in order to have a solid case and ensure the repayment of the debt;
  • filing all the documents which attest to the debtor’s failure to pay any outstanding amount of money;
  • representing the creditor during the hearings and final procedures, in accordance with the legal requirements;
  • assist with the enforcement of the decision as issued by the Polish court or filing an appeal on behalf of the debtor, on their request.

It is good to know that through the expedited procedure, the debt collection in Poland can be completed within 2 weeks.

You can also rely on our lawyers in case you need to have EU court orders recognized and enforced in Poland.

Recovering the debt – the last step in debt collection in Poland

debt collection case in Poland cannot be concluded unless a definitive decision which concrete actions and measures to be taken in order to fully recover the outstanding amount of money is issued. The recovery can take the form of an order related to the seizure of assets which can take various forms. The debtor can also be requested to start paying the debt under the form of monthly installments until it is extinguished.

For assistance in every step of the debt collection procedure and guidance in enforcing a court order, please contact our debt collection lawyers in Poland.