In Poland, the issuance of enforcement judgments in civil matters is regulated by the Law Code of Civil Procedure (abbreviated CCP).
The execution of an 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 the submission of the request for execution. Below, our Polish debt recovery lawyers explain how court decisions are enforced.
Writs of execution in Poland
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 indicates 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 issued and appropriate actions are taken.
Enforceable documents in case of debt collection in Poland
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 that 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.
International treaties/conventions under which orders can be enforced in Poland
In debt collection cases as well as in other court proceedings completed in Poland, judges and panels can issue enforcement orders under the National Civil Code of Procedure, but also under international conventions, such as:
- the Brussels Regulation through Article 66;
- the Brussels Convention.
EU regulations governing particular proceedings may also apply, among which:
- Regulation (EC) 861/2007 establishing the European Small Claims Procedure;
- Regulation (EC) 1896/2006 amending Regulation (EC) 805/2004 to create a European Enforcement Order for uncontested claims (European Enforcement Order Regulation).
Also, the Lugano Convention is relevant to countries outside the European Union, such as Norway, Iceland, and Switzerland.
Our debt collection lawyers in Poland are at the service of businesses that deal with orders issued by Polish courts and that must be enforced.
How are court orders enforced in Poland?
An execution writ is usually issued by the court of first instance where the case has been heard. For this procedure there is no need to appoint a lawyer, however, we would like to point out that the presence of an attorney during the hearing phase is important. Our Polish debt recovery specialists can offer representation in this case.
In the case of EU judgments, the application for a declaration of enforceability can also be made without an attorney. However, the interested party must select a representative in Poland if:
- they do not have a residence;
- they do not have a registered address;
- they do not have a place of business in Poland or another EU member state;
- they have not appointed a Polish court representative.
If you want to recover a debt in Poland, we recommend using our services right from the beginning in order to benefit from an expedited procedure. This way, you may even avoid the court phase of the proceedings.
Payment orders in Poland
The final means of court proceedings in debt recovery cases in Poland is to determine the defendant to pay the outstanding amount of money. This can happen in various ways. However, Polish courts can only issue payment orders when the claimant is seeking money damages or other assets.
The courts may issue such orders under the order for payment procedure if claims are supported by:
- a legal document;
- bills that the debtors have accepted;
- a written request for payment recognized by the debtor;
- a check or promissory note.
Orders for payment in the latter 2 situations become enforceable in 2 weeks after being sent to the debtors.
Is it possible for a Polish court to refuse to enforce a decision?
Yes, there are several cases in which Polish court can deny the enforcement of a decision issued in a foreign county. Among these:
- the decision is not a final one;
- the same claim was pending in Poland earlier;
- one of the parties was not able to defend themselves properly during the proceedings;
- the defendant was not informed/did not receive the documents related to the proceedings in due time, and refused to engage in the process;
- inconsistencies were noticed by the Polish court in relation to the order issued;
- the recognition of the order would countersense the Polish legislation.
This is why it is important that when you make a debt collection case, you use specialized services. Our Polish lawyers are members of the Warsaw Bar Association and can offer professional advice and support in such cases in domestic cases and in rulings that need to be enforced in accordance with foreign legislation.
Bailiff services cost
The bailiffs are the entitled authorities to be in charge of 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, a percent calculated in accordance with the expected average remuneration.
- Other amounts are provided by the law for each type of action accomplished by the bailiff.
Contact our debt recovery lawyers for support in such matters.