Doing business means taking risks: there is always a chance that your customer will not pay. This can happen even when you trade or conduct business in Poland. What are your options when it does?
1. Demanding payment
When a Polish customer does not pay within the deadline for payment you can send a demand for payment. Clearly state your deadline for payment on the demand, because a Polish will rarely pay where there is no payment term. Also state the break out of the claim, and include a notice that the claim will be assigned if payment is not received on time and that all additional costs will be charged to the debtor.
2. Assigning claims
When your debtor in Poland does not respond to this, assign the case to Bierens Collection Attorneys. Because Bierens has lawyers who speak fluent Polish and are thoroughly familiar with the laws, regulations, and culture of Poland they know how unpaid debts can be collected in Poland quickly and effectively. And since Bierens employees also speak fluent Dutch and English, you can discuss your case easily and comfortably with them.
3. Dealing with collections in Poland
While cultural differences could play a part, the protection of the creditor is first and foremost in both the Polish and the Dutch legal systems.
A. Extrajudicial collections
Once you have transferred your claim to Bierens Collection Attorneys, payment will be demanded from the debtor both in writing and by telephone. If the debtor does not pay within the set deadline, then legal action will be brought in consultation with you.
B. Court-ordered collections
There are two ways in Poland to bring legal action against a debtor: through a rapid order compelling payment or through an exhaustive action on the merits. It is possible to execute a claim in Poland only with an enforceable order (such as a judgment or an order compelling payment).
Order compelling payment procedure
The order compelling payment procedure is characterized by its simplicity, speed, and low costs. At the end of the proceedings you get an enforceable order (order compelling payment). An order compelling payment procedure takes six weeks on average, after which the debtor has fourteen days to pay the amount owed or to announce that the debtor will raise a defense. A defense is followed by an action on the merits.
Action on the merits
The action on the merits must be started as soon as the claim is disputed extrajudicially or when the debtor raises a defense. The claim must be justified and substantiated by evidence. The court will set the number of sessions. Witnesses can be produced to substantiate the claim and an expert can be appointed. The proceedings will conclude with a final judgment (the enforceable order). An action on the merits takes four to six months on average in Poland.
In Poland allows for the option to ask the court for permission to impose an attachment only after the summons has been served. It is necessary to prove convincingly that both the urgency and the necessity for the attachment present themselves simultaneously.
In Poland the bankruptcy petition is absolutely not used as a means of pressure on the debtor. Poland’s bankruptcy procedure is a very lengthy one.
4. Extra: Costs of collection
Polish legislation provides for the possibility to recover costs of litigating and lawyer’s fees from the debtor under the standards set by the law.
The court will not award extrajudicial costs.
5. Advice about debt collection in Poland
Would you like more information about collections or bringing legal action in Poland? Email email@example.com or telephone +31 20 312 11 00.
This website is about sharing knowledge. But if you have a claim to recover, you can go to the website of Bierens Debt Recovery Lawyers. For claims submitted by 4pm, a demand letter is sent the same day.