We deal with debt collection in Poland. CGO Legal litigation attorneys in Poland
Do you need a professional, stress-free way to collect your debt in Poland? Your case is in perfect hands with CGO Legal. You can be sure, that we will initiate and perform all necessary steps at all stages of debt collection in Poland. The litigation department of CGO Legal specializes in providing efficient and result-oriented services. We represent our clients before courts in all instances, including the Supreme Court.
We address our services to:
- natural persons who do not conduct business activity;
- entrepreneurs;
- national and local government bodies
How do we deal with debt collection in Poland?
We represent clients in Polish court proceedings within the field of civil, economic, financial, labour, administrative and intellectual property law. Typical court disputes concern e.g. unpaid invoices, recovery of receivables, and obtaining compensation or redress.
Debt collection in Poland – scope of debt collection service
As part of our lawsuit services we:
- address demand letter to debtor and negotiate debt repayment terms;
- prepare requests to commence enforcement proceedings (preceded by court proceedings) and other documents required during the process.
- supervise the correct implementation of the execution process from the assets of indebted persons;
- support bailiffs’ operations in order to fully satisfy a creditor;
- represent clients in the proceedings stemming from complaints against the bailiff’s operations.
Due to the value of the subject matter of cases conducted by our law office, we have purchased an extended civil liability insurance package. To ensure effective debt recovery in Poland, we also submit motions for a court-ordered disclosure of the debtor’s assets (i.e. submission of an inventory of such assets, listing all property items and their location, as well as all of the debtor’s receivables and other proprietary rights), especially if the debtor’s assets seized in the enforcement proceedings are not likely to satisfy the debt subject to recovery.
Expert services of debt collection in Poland
Our team of Polish lawyers has extensive experience with the legal procedure for debt collection as per the Polish Civil Procedure Code. We ensure each stage of the process, from pre-trial proceedings to enforcement of judgment, is handled with meticulous care.
Our team drafts and reviews legal documents, provides guidance on evidence collection, represents you in court, and assists with the enforcement of the judgment. We strive to manage legal proceedings effectively and in a timely manner, advocating for your best interests.
Debt collection lawyers in Poland. Efficient debt recovery in Poland
Thanks to our long-lasting cooperation with the network of court enforcement officers (bailiffs), we collect the debts swiftly and efficiently. We keep the Client updated by providing periodic reports on all the actions taken in his case.
Communication with our clients is the key to smooth process of debt collection in Poland
In CGO Legal we bet on smooth communication. With our online platform, you can track the current collection process and receive your money as soon as the debt is recovered.
When the case is more complex we synchronize the customer’s database with ours, to assure quick and efficient transfer of documents. Above all, we offer quick contact and reliable support from the attorney in charge of the case. It is therefore crucial to understand what the limitation period on our debt is in order to take timely action to recover it while it is not yet time-barred. Limitation period in Poland Unpaid invoices in Poland cannot be collected for an indefinite period of time. That is why payment claims have a limitation period of 3 years in Poland. Should the limitation period expire, then you will no longer be able to take legal action against your Polish debtor.
Stages of debt collection in Poland
Our team has many years of experience in delivering high-quality work in all matters relating to debt recovery in accordance with Polish law. Our in-depth and detailed knowledge stays up to date, to perform the best service possible. CGO Legal law firm in Poland provides comprehensive debt recovery on behalf of our Clients during:
– Pre-litigation Stage
– Litigation Stage (court proceedings)
– Enforcement Procedure
Most of the cases are successful and finished at the amicable – out-of-court phase. However, court debt collection is our standard service.
Costs of debt collection in Poland. Court fee
While we take effective action, you can also be reassured by our price list. We offer transparent, upfront costs of debt collection process. Every client is treated individually and gets a tailor-made offer. Depending on the circumstances, we can act on a conditional fee agreement because we are sure of our professionalism.
Billing on a success fee basis guarantees you the lowest cost and the highest result, creating a win-win scenario for you. Please contact us for more about our remuneration policy, which also includes hourly rates, fixed monthly payments, or unit prices according to our detailed table of charges for debt collection case. We will also inform you about the court fees applicable in your case.
Debt collection in Poland. Our actions are goal-oriented
Our goal is to solve every problem of our clients in the fastest and the most effective way. Therefore, before initiating a lawsuit, we strive to end the dispute at the pre-litigation stage, which saves not only time but also money.
Such effect is obtained usually through mediation, negotiations and arbitration proceedings as long as such a solution is favourable for the client.
Conditions for initiating executive proceedings in Poland. Debt collection in Poland
To start executive proceedings, a creditor must have an enforcement order. Only such a document with an execution clause makes debt collection procedure possible at all.
Such execution warrant is a document stating that a creditor may demand specific assets from the debtor. It defines precisely what these assets consist of. An execution warrant may be, among others, in the form of:
- valid court decision,
- a settlement concluded before a court,
- a decision of a court referendary which is legally valid or immediately enforceable,
- other judgments, settlements and acts that are subject to execution under the Act, and
- notarial deed in which the debtor submits himself to an executive proceeding.
To start procedures on the basis of an enforcement order, first there must be an execution clause included.
Debt collection in Poland on the basis of the enforceable title
A valid payment order with execution clause opens the way for executive proceedings. In other words – without an enforceable order for payment, debt collection is not possible at all.
To initiate execution proceedings, the creditor must submit an application for execution. On its basis, the bailiff will carry out a number of activities aimed at debt collection.
What’s the easiest way to obtain an enforcement order to perform debt collection in Poland?
The legislator indicated two types of proceedings aiming at the earliest possible recognition of the debt collection case. Their goal is to obtain the execution warrant – i.e. the payment order. The two types refer to enforcement proceedings and writ-of-payment proceedings.
Their essence is that they have simplified character. This means that they are less complicated and time-consuming than ordinary proceedings.
Enforcement and writ-of-payment proceedings differ from others in that the court doesn’t deliver earlier the statement of claim to the defendant. It only issues the order of payment.
If in the statement of claim there is evidence showing that the debt in Poland is due, the court issues a judgment on acceptance of the claim. It is done in a closed session and takes the form of an order for payment.
Yet, this does not mean, that the defendant is deprived of any rights and cannot defend himself.
Debt collection in Poland – what payment order means?
The court’s payment order obliges the defendant to satisfy the claim. It must be satisfied in full within two weeks from the date of the order’s delivery.
If the defendant stays abroad but in the EU, and there is no representative in Poland, the period is longer. It amounts to one month. But if he lives or is based outside the EU the deadline for payment and appealing against the order is even longer. It cannot be less than three months.
The payment order is delivered to both parties by the court. The defendant receives it together with a copy of the statement of claim and attachments. He also receives instructions on when and how to appeal against the order. He is also informed about the consequences of not appealing.
Conditions for initiating executive proceedings in Poland. Debt collection in Poland
To start enforcement proceedings, a creditor must have an enforcement order. Only such a document with an execution clause makes debt collection possible at all.
Such execution warrant is a document stating that a creditor may demand specific assets from the debtor. It defines precisely what these assets consist of. An execution warrant may be, among others, in the form of:
- valid court decision,
- a settlement concluded before a Polish court,
- a decision of a court referendary which is legally valid or immediately enforceable,
- other judgments, settlements and acts that are subject to execution under the Act, and
- notarial deed in which the debtor submits himself to an executive proceeding.
To start procedures on the basis of an enforcement order, first there must be an execution clause included.
Navigating Legal Proceedings for Debt Collection in Poland
When the amicable debt collection procedure fails to yield results, initiating legal proceedings becomes necessary. It’s a more formal process and usually requires the services of experienced Polish lawyers or law firms. Legal proceedings in Poland fall under the jurisdiction of the civil procedure code.
The legal procedure starts with the preparation and submission of a payment summons to the debtor. If the debtor does not respond within two weeks, the creditor can request a court order for payment. If the debtor disputes the claim, the case proceeds to a trial where both parties present their evidence. If the court rules in favor of the creditor, the verdict can be enforced by a bailiff.
It’s worth noting that legal proceedings for debt collection in Poland can be complex and time-consuming. Therefore, having legal representation is crucial to ensure that your interests are adequately protected.
Harnessing Technology for Efficient Debt Collection in Poland
We believe in leveraging the power of technology to make the debt collection more efficient. Our firm uses software solutions and data analytics to streamline operations, track payments, and assess a debtor’s creditworthiness.
Our commitment to innovation makes us a strong ally in your debt collection, improving efficiency and accelerating outcomes.
Partnering with Your Business for Debt Collection in Poland
As your partners, we strive to make debt collection a more efficient and cost-effective process for your business. Our deep understanding of Polish laws and ethical guidelines, coupled with our expertise in negotiation and legal representation, makes us the right choice for your debt collection in Poland needs.
Are you looking for efficient debt collection in Poland?
Should you wish to discuss your case further, please do not hesitate to contact us. CGO Legal is an experienced legal partner with whom the achievement of your goals will be faster, safer and more comfortable. Our goal extends beyond just recovering your debts. We aim to maintain positive business relationships, uphold the rights of debtors, and safeguard your business reputation. Our expertise is at your service to navigate the debt collection procedure efficiently and successfully, fostering financial stability for your business.
