Debt Collection in Poland
How to recover a commercial debt from a Polish debtor
Poland is one of the most solid and growing markets in Central and Eastern Europe, with strong commercial ties several European countries. However, even in this favorable environment, cases of insolvency by local clients or partners can occur. Knowing the debt recovery procedures and applicable legal rules is therefore essential to protect one’s interests, especially in relations between small and medium-sized enterprises.
Actions for international debt collection in Poland
A creditor can use several actions to recover a commercial debt in Poland:
- EU Member State judgment: if the creditor is based in an EU member state, the court decision issued by the state courts can be directly recognised and enforced in Poland.
- European Payment Order: this is a uniform instrument valid in all EU countries, useful for uncontested claims, fast and cost-effective.
- Judicial action in Poland: The Polish system provides for several procedures, with different timeframes and costs depending on the nature and amount of the claim:
(i) Summary proceedings (nakaz zapłaty): the fastest instrument for documented and uncontested claims. The court may issue a payment order without a hearing. The debtor has 14 days to lodge an objection; otherwise, the order becomes enforceable. (ii) E-court (Elektroniczne Postępowanie Upominawcze): a special electronic summary procedure handled by a specialized court in Lublin. It allows filing online and obtaining a payment order in a very short time, ideal for clear, overdue, and small claims. (iii) Ordinary proceedings: if the claim is disputed or complex, an ordinary trial must be initiated before the competent court. This is a longer and more costly route, but it is necessary when the debtor raises substantial objections.
Why rely on an expert lawyer for debt collection in Poland
Debt recovery in Poland requires careful attention to local rules and practices. For example, sending a letter of demand is often a necessary step before initiating legal action, as failure to do so may result in the loss of the right to reimbursement of expenses.
With the assistance of a specialized lawyer, it is possible to attempt an amicable settlement with the debtor, for example by formalizing a payment plan before a notary, which becomes an enforceable title in case of default.
If the out-of-court phase is unsuccessful, the assistance of an expert lawyer is crucial to assess the most appropriate judicial strategy, evaluating time, costs, and chances of recovery.
Ursusnetwork lawyers provide consulting and legal assistance services for international debt collection in Poland, identifying the most suitable procedure depending on the type of claim and the debtor’s financial situation.
