Rate this article
based on 3 reviews
When the Polish creditors cannot recover their debts from bad taxpayers, they usually hire a collection agency or a law firm in Poland in order to recover these liabilities. Usually the term of time limitation for commercial claims is three years so urgent measures must be taken in order to avoid losing those amounts.
The methods used in the attempt of debt collection in Poland may vary from an amicable procedure to a litigation procedure.
The amicable procedures are much faster and cheaper than the court procedure that’s why all the creditors are advised to use it. It consists in trying to reach a settlement with the debtor, like paying the claim in equal installments or paying later the whole amount of the due amount. The debtor is usually contacted several times through telephone or email before starting the litigation procedure.
A writ procedure also known as the standard procedure, requires the submission of invoices, evidence of agreements, delivery receipts, statement of account and any form of bills. The expenses are covered by the creditors and the judge is checking the attached documents in a formal way. The writ of payment is issued without a court hearing if there are no doubts regarding the claim. The debtor can raise claims against the court decision and the judgment is made by the common court in this case. There is also possible to submit all the documents online through the electronic writ-of-payment or the “e-court” which is more convenient from the point of view of the necessary time required for filling the documents.
Other form of litigation is the injunction procedure which starts by depositing the proof of the debt recognized by the debtor, the invoices signed and stamped by the debtor, a proof from the bank regarding the lack of sufficient funds on the debtor’s bank account. A decision is taken in this case in maximum three months.
The summery procedure is used in special cases, mostly for residential claims or when the claims are up to 10000 PLN. Special forms must be completed and there is also a minimum fee of 30 PLN or a maximum one of 300 PLN which has to be paid.
According to the Polish law, the collection procedure requires so called enforcement title. The Polish bailiffs are not court employees like in other jurisdictions. They receive a payment from the claimants a percentage from the debt which cannot be higher than 30 times the national average wage in Poland.