In Poland the issuance of enforcement judgments in civil matters is regulated by the Law Code of Civil Procedure (abbreviated CCP).
The execution of enforceable decision by the relevant state authorities, as provided by the enforcement law, implies certain measures taken in order to obtain a writ of execution on the basis of benefits payable to the creditor. Proper enforcement proceedings start after submission the request for execution.
As a general rule, a writ of execution is provided with a declaration of enforceability, as provided in the Article no. 776 from CCP.
In enforcement proceedings, there are two types of authorities:
– Legal bodies entitled to issue a writ of execution: presiding judges, district court, court of appeal, regional court;
– Enforcement authorities that can be involved in enforcement proceedings, for example the bailiffs and the district courts.
The Civil Code of Procedure stipulates that the writ of execution provides the basis for conducting the execution of a claim rose against a debtor, for all his assets or a part of his assets, unless the content of the title indicate otherwise. The executive body is not entitled to examine the reasonableness and the maturity of a writ of execution.
As mentioned before, a writ of execution becomes enforceable once it is issues and appropriate actions are taken.
The CCP provides that an enforceable document may be shaped into several forms:
– a final decision issued by the court or a decision subject to immediate execution;
– a settlement obtained before the court;
– other judgments, settlements and acts which by law are enforceable by judicial enforcement;
– notarial deed in which the debtor accepts the enforcement and which includes the obligation to pay a sum of money or delivery goods as defined in the act, when the deed specifies the deadline to perform the obligation;
– judgments issued by European bodies and European Courts, as provided by the Polish law of enforcement.
Only the final decisions issued by judicial bodies which are accompanied by a declaration of enforceability or immediately enforceable can be a writ of execution. Notarial acts have the power of an enforcement order only when such acts meet the conditions specified by the provisions of the Civil Procedure Code and the Law on Notaries.
The bailiffs are the entitled authorities to be in charge with the procedures provided by the law when the enforcement document is obtained. The costs for the services provided by a bailiff are:
-15% of the claim when it is about enforcement of payments;
-5% for securing the claim;
-50% for seizure of assets, percent calculated in accordance to the expected average remuneration.
Other amounts are provided by the law for each type of action accomplished by the bailiff.