Checklist for Debt Collection in Poland

1 - Statute of limitations of the credit

10 years (ordinary term for commercial and civil debts, special regimes apply: professiona sales 2 years, service agreements 2 years or 3 years)

2 - How to interrupt the statute of limitations

Acknowledgement of debt, court action aimed at recovery

3 - Lawyer demand letter

Not mandatory (but strongly recommended as preliminary proof)

4 - Competent Court

Depending on the value of the claim: District Court/Sąd Rejonowy (up to €25,000) or Regional Court/Sąd Okręgowy (for higher amounts)

5 - How to appoint a lawyer

A formal proxy in simple written form, no notarization is required

6 - Documents required for court action

Contract, invoices, statements of account, reminders, any acknowledgement of debt, useful correspondence

7 - Average duration of an ordinary lawsuit

12-18 months

8 - Special proceedings for monetary claims

Postępowanie nakazowe, Postępowanie upominawcze (Payment injunction). Average duration 1 month, if there is no opposition you can proceed to enforcement)

9 - Regime of legal fees

Out-of-court costs to be paid by the creditor; in court, legal fees may be recovered from the debtor but only to the level of fees prescribed by the legal provisions (usually lower than market prices)

10 - Interests on arrears

Under Italian law, in commercial transactions the creditor is automatically entitled to interest on arrears, calculated at the National Polish Bankrate plus 10 percentage points.