The common denominator of payment-order proceedings and writ-of-payment proceedings is the focus on expediting the handling of the cases concerning monetary claims.
In principle, courts examine cases in full hearings – common proceedings. Only when specific statutory prerequisites are met, can a case be examined in adequate separate proceedings – payment-order proceedings or writ-of-payment proceedings.
The court examines a case in payment-order proceedings upon written request of the claimant included in the action. The case is examined at a closed session. The court issues a payment order if the claimant pursues a monetary claim or a claim for delivery of fungible assets, and the circumstances justifying the claim are proven with one of the following documents appended to the action:
- Official public document
- A bill accepted by the debtor
- A notice of default and a written acknowledgement of debt made by the debtor
- A demand for payment, accepted by the debtor, returned by the bank and unpaid
due to insufficient funds in debtor’s bank account
The court issues order of payment also against the person obliged by virtue of a bill of exchange, a cheque, a warrant or a duly filled bill of debt. The credibility and the content of the foregoing must remain beyond any doubt.
Pursuing claims in payment-order proceedings reveal a remarkably beneficial fiscal aspect of the action, namely the court filing fee amounts merely to a one quarter of the proportional fee, i.e. ¼ of the 5% of the value of the object of litigation.
In order to challenge an order of payment in payment-order proceedings, defenses against the payment order can be raised. The plaintiff who questions the claim confirmed by the payment order must submit a pleading featuring the defenses within two weeks since the date of service of the payment order. On top of that, the filing fee for defenses against the payment order should be paid up in the amount of ¾of the 5 % of the value of the object of litigation.
With regard to writ-of-payment proceedings, these can be conducted only in cases where a monetary claim is pursued. Moreover, these proceedings are obligatory – regardless of whether or not the action includes a request for issuing a payment order in writ-of-payment proceedings, if the given prerequisites are met, the court is obliged to issue a payment order. Similar to payment-order proceedings, writ-of-payment proceedings take the form of a closed session.
The court essentially does not conduct evidence proceedings – it confines itself to the evidence presented by the claimant. The payment order cannot be issued in writ-of-payment proceedings if according to the subject matter of the action:
- The claim is manifestly unfounded
- The presented circumstances raise doubts
- The fulfilment of the claim depends on reciprocal performance
- The place of residence of the plaintiff remains unknown or if the service of the payment order could not be done in Poland
In order to challenge an order of payment in writ-of-payment proceedings, an objection can be raised. The plaintiff should indicate if he or she challenges the order entirely or partially and present the defenses that, on pain of losing the right to claim them, should be submitted before entering an appearance regarding the essence of the case. The objection should also feature the factual circumstances and the evidence.
CGO Legal law firm specializes in representing Clients in accelerated proceedings enabling them to pursue their claims against unreliable contractors in a quick and inexpensive way. We also offer our legal services to those Clients against whom a payment order was issued.
We raise defenses or objections on their behalf and represent them in the further proceedings following revocation of the payment order.
Click HERE to learn more about Arbitration Proceedings.