Jak řešit vymáhání pohledávky v Polsku

Why It's Crucial to Act Immediately

Debt recovery in Poland requires not only knowledge of the local legal environment but, above all, a strategic approach. Thanks to the decade-long ARROWS International network, the lawyers at ARROWS law firm handle cross-border cases on a virtually daily basis. We have experience with the Polish legal system and know how to proceed effectively to ensure you actually get your money back. If you are dealing with an unpaid invoice from a Polish partner, contact our experts.

First Step: Out-of-Court Demand – The Pre-Action Demand Letter in the Polish Context

Before initiating court proceedings, it is essential to attempt an amicable settlement. Sending a formal pre-action demand letter (předsądowe wezwanie do zapłaty) is a key step and, in Poland, often a prerequisite for the court to later award the costs of the proceedings. A professionally drafted letter from a law firm carries significantly more weight than a standard reminder and signals to the debtor that the matter has escalated to a legal level.

A pre-action demand letter must contain the precise identification of both the debtor and the creditor, a specification of the amount due including the invoice or contract number from which the debt arose, and a clearly stated payment deadline. It is also important to include a warning that if payment is not made, the entire matter will be referred to court, which will mean additional costs for the debtor. The letter may also include a notice of the possibility of being listed in the Polish debtor register, the Krajowy Rejestr Długów (KRD), which is a very effective pressure tool.

Most debts in Poland are settled at the out-of-court negotiation stage. This is because upon receiving a formal demand from a law firm, the debtor understands that they face not only a lawsuit but also further costs associated with legal representation and court fees. ARROWS law firm will prepare and send a pre-action demand letter in Polish that meets all legal requirements and increases the chances of successful recovery.

When Is It Time to Proceed to Court?

If the debtor fails to pay even after receiving a formal pre-action demand letter, it is necessary to resort to a court solution. Court proceedings in Poland can last from several months to two years, depending on the complexity of the case and the court's workload. Therefore, it is important to have a clear procedural strategy and properly prepared documents.

The Polish legal system offers effective tools for creditors. For undisputed monetary claims supported by written evidence, there is a simplified procedure in which a payment order can be obtained quickly and at a lower cost than in a standard lawsuit. The key is to correctly assess whether your case meets the conditions for this simplified procedure.

It is also necessary to consider that in some cases, you can use other European instruments, such as the European Payment Order, which is designed for cross-border monetary claims within the EU. The choice of the right procedure will significantly affect the speed and cost of the entire process. The lawyers at ARROWS will help you choose the optimal strategy based on the specifics of your case.

Simplified Procedure for a Payment Order (nakaz zapłaty)

The most effective tool for recovering undisputed debts in Poland is the simplified procedure for issuing a payment order, known in Polish as nakaz zapłaty w postępowaniu upominawczym. This procedure is intended for monetary claims supported by written evidence – invoices, contracts, delivery notes, or other documents.

For the court to issue a payment order, you must meet several conditions. First, it must be possible to serve the payment order on the debtor in Poland. Furthermore, you must attach written evidence of the claim to the application – this could be an invoice, a contract, a bill of exchange accepted by the debtor, a written statement from the debtor acknowledging the debt, or an accepted request for payment. The court will issue the payment order quickly, often after the first hearing of the case, if all formal requirements are met.

If the debtor does not file an objection (sprzeciw) against the order within 14 days, the payment order becomes an enforceable title for execution. This means you can immediately proceed with enforcement. However, if the debtor files an objection, the proceedings turn into a standard lawsuit where full evidence must be presented. Even in such a case, you have the advantage that the proceedings have already been initiated, and any delays caused by the debtor may backfire in the form of higher costs of the proceedings.

Within the ARROWS International network, we provide full representation before Polish courts. Our lawyers will prepare the application for a payment order, including all attachments, and ensure correct translation and delivery to the court. To initiate court proceedings in Poland, please write to us.

Risks in Court Proceedings in Poland

European Payment Order and Other Tools for Cross-Border Enforcement

For cross-border monetary claims within the European Union, the European Payment Order offers a simplified, form-based procedure. This tool is ideal for cases where a debtor fails to pay invoices and the creditor has clear evidence of the claim. The European Payment Order is filed using standardized forms available in all EU languages.

The advantage of the European Payment Order is that it does not require standard court proceedings. The court issues the payment order based on the submitted evidence without hearing the debtor. The debtor has 30 days to file an objection to the order. If no objection is filed, the order automatically becomes enforceable in all EU member states without the need to obtain a declaration of enforceability.

In practice, this means that if you obtain a European Payment Order against a Polish debtor, you can initiate enforcement directly in Poland without having to have the Czech judgment recognized in Poland or obtain further permits. This tool significantly shortens the time and reduces the costs of cross-border enforcement.

The lawyers at ARROWS have extensive experience with the use of the European Payment Order and other European instruments for cross-border enforcement. We will help you assess which procedure is most suitable for your case and manage the entire process from preparing the documentation to enforcing the decision. To use the European Payment Order, please contact us.

What to Do After Obtaining a Judgment – Enforcement in Poland

Obtaining a final judgment or payment order is only half the battle. If the debtor still does not pay, it is necessary to initiate enforcement proceedings. In Poland, enforcement is carried out by a court enforcement officer, called a komornik sądowy. The key is that you must actively instruct the enforcement officer and provide them with all the necessary documents to enable them to enforce the debt effectively.

Enforcement proceedings in Poland involve several steps. First, an application to initiate enforcement must be filed with the competent enforcement officer, and the application must contain detailed information on the actions the officer is to perform. The enforcement officer has broad powers – they can seize the debtor's assets, freeze money in bank accounts, sell real estate, or garnish part of a salary. However, the effectiveness of the enforcement depends on whether the debtor has enforceable assets and whether it is possible to identify and seize them within the Polish legal environment.

In the case of cross-border claims, the situation is more complicated. A Czech enforcement officer does not have the authority to enforce debts in Poland. Therefore, you must use international cooperation and European instruments. If you have a Czech judgment, you must ensure its recognition in Poland and then instruct a Polish enforcement officer. This process requires the preparation and submission of the relevant documents, including a certificate of enforceability of the decision.

The lawyers at ARROWS will not only handle the filing of the enforcement application but also communicate with the Polish enforcement officer and supervise their activities. We have experience with the fact that enforcement proceedings abroad require patience and constant monitoring. To initiate enforcement in Poland, please write to us.

European Account Preservation Order – How to Freeze a Debtor's Funds

One of the most powerful tools for securing the enforceability of cross-border claims is the European Account Preservation Order (EAPO). This instrument allows for the freezing of funds in a debtor's account in another EU member state even before a final judgment is issued.

The European Account Preservation Order is particularly suitable in cases where there is a risk that the debtor will quickly transfer money from their accounts and become judgment-proof. An EAPO can be obtained without a prior hearing of the debtor, which means the debtor learns about the account freeze only after it has occurred. This significantly increases the chance that there will actually be some funds in the account at the time of the freeze.

The application of an EAPO is procedurally and legally demanding and requires professional assistance. It is necessary to precisely identify the debtor's bank and account number, prove the existence of the claim, and the urgency of securing it. An incorrectly filed application may be rejected or lead to delays, during which the debtor can manage to move the assets.

The lawyers at ARROWS have experience with the use of the European Account Preservation Order and can quickly prepare and file an application with the court. If you face the risk of a debtor in Poland transferring assets or withdrawing money from their accounts, contact us immediately.

Risks in Enforcement and How to Address Them

Statute of Limitations, Default Interest, and Other Specific Issues

The statute of limitations is one of the biggest risks in debt recovery. In Polish commercial law, the general limitation period is 3 years. This period begins to run from the moment the claim could first be asserted, which is usually the due date of the invoice. For some specific claims, such as those arising from a transport contract, the limitation period can be even shorter – often just 1 year.

The statute of limitations can be interrupted by filing a lawsuit, filing a claim in insolvency proceedings, or by the debtor's acknowledgment of the debt. If the debtor acknowledges the debt, a new limitation period begins to run, which is 10 years in the case of a written acknowledgment, or 3 years for other forms of acknowledgment (e.g., partial payment, agreeing to a payment plan). Therefore, it is important to act quickly and not waste time with inaction.

In addition to the principal amount, you have the right to claim statutory default interest for each day the payment is delayed. The rate of default interest is governed by Polish regulations and can be calculated and claimed as part of the debt. In some cases, you can also claim a contractual penalty if it was agreed upon in the contract with the debtor.

If you discover that the debtor is insolvent, it is absolutely crucial to act immediately. In Polish insolvency proceedings, creditors have only 30 days from the court's bankruptcy decision to file their claims. Missing this deadline means your claim will not be satisfied in the insolvency proceedings. The claim must be filed with the insolvency court on the prescribed form and must contain all the required elements.

Debt recovery in Poland is not a simple process. It involves a series of steps, each with its own procedural specifics, deadlines, and requirements. Mistakes in any of these steps can lead to prolonged proceedings, increased costs, or even complete failure. Therefore, it is wise to entrust the entire matter to experienced lawyers who are familiar with the Polish legal environment and have many years of experience in recovering cross-border debts.

ARROWS law firm provides comprehensive legal advice on debt recovery in Poland. For an assessment of your case and a proposal for an optimal strategy, please contact us.

Why Entrust Debt Recovery in Poland to ARROWS Law Firm

Recovering a debt in Poland is a complex process that requires knowledge of local law, procedural deadlines, and effective tools. In practice, it is much more complicated than it may seem at first glance. Individual steps that may appear simple have hidden exceptions, procedural details, and connections to other regulations that a layperson often does not see.

For example, even a seemingly simple pre-action demand letter must meet precise formal requirements and be properly delivered, otherwise you are not entitled to reimbursement of the costs of the proceedings. Filing an application for a payment order requires complete documentation and the correct designation of the competent court. Enforcement abroad is even more complicated – you need to know how to use European instruments, how to communicate with a Polish enforcement officer, and how to ensure that the entire process leads to the actual recovery of money.

ARROWS law firm handles this agenda daily, which allows us to significantly shorten the time for the client and minimize the risk of errors. Thanks to our international network, ARROWS International, which we have been building for over ten years, we have proven contacts and procedures in Poland that ensure effective recovery. Moreover, we are insured for damages up to CZK 500,000,000, which means maximum security for the client. For companies, it is therefore safer and more effective to leave debt recovery in Poland to professionals.

Our portfolio includes more than 150 joint-stock companies, 250 limited liability companies, and 50 municipalities and regions. These numbers attest to our experience in providing long-term services. We pride ourselves on speed and high quality. We also commonly partner with in-house corporate lawyers to handle special matters, such as cross-border claims or complex court proceedings abroad.

We offer clients comprehensive services in the field of debt recovery in Poland:

• Preparation and sending of a pre-action demand letter in Polish that meets all legal requirements and maximizes the chance of an amicable settlement.

• Representation before Polish courts in both simplified and standard court proceedings, including the preparation of all submissions, communication with the court, and participation in hearings.

• Use of European instruments for cross-border enforcement – European Payment Order, European Account Preservation Order (EAPO), and others.

• Securing the recognition of Czech decisions in Poland and initiating enforcement through a Polish enforcement officer.

• Ongoing supervision of the enforcement proceedings and communication with the Polish enforcement officer to ensure that the enforcement is conducted effectively and leads to the actual recovery of money.

• Preparation and filing of claims in Polish insolvency proceedings in the event that the debtor is insolvent.

• Legal analyses and opinions on issues of the statute of limitations, default interest, and other specific aspects of your case.

• Professional training for your company's employees, teaching them how to prevent the creation of bad debts and how to correctly set up contractual documentation with international partners, including a certificate.

In addition to debt recovery, we can also connect clients with each other for interesting investment or business opportunities. We are happy to listen to interesting entrepreneurial or business ideas. If you are looking for financing or a business partner for a purchase or sale in a particular area, contact us – we may be able to help you in this way as well.

If you do not want to risk mistakes, damages, or fines, you can safely leave the entire matter to ARROWS. Just contact us, and we will make sure you actually get your money.