Incasso and execution in Poland
Incasso and enforcement in Poland
Out international law firm KOZLOWSKI offers debt collection services in Poland. We take care of payment requests, acknowledgment of foreign titles as well as enforcement of them and, if necessary, motions for insolvency and bankruptcy. Our law firm and lawyers in Poland deal with enforcement of outstanding claims of our clients in Poland. We offer a cost-effective and quick process in this area.
International enforcement titles
After an enforcement title has been obtained abroad, it can of course be used for enforcement in Poland - the enforcement of an EU enforcement titles is possible and quite swift. To do this, however, you must take into account the provisions of EU Regulation No. 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and obtain a certificate of enforcement:
After an enforcement title has been obtained abroad, it can of course be used for enforcement in Poland - the enforcement of an EU enforcement titles is possible and quite swift. To do this, however, you must take into account the provisions of EU Regulation No. 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and obtain a certificate of enforcement:
Art. 42:
1. For the purposes of enforcement in a Member State of a judgment given in another Member State, the applicant shall provide the competent enforcement authority with:
(a) a copy of the judgment which satisfies the conditions necessary to establish its authenticity; and
(b) the certificate issued pursuant to Article 53, certifying that the judgment is enforceable and containing an extract of the judgment as well as, where appropriate, relevant information on the recoverable costs of the proceedings and the calculation of interest.
Art. 53:
The court of origin shall, at the request of any interested party, issue the certificate using the form set out in Annex I.
1. For the purposes of enforcement in a Member State of a judgment given in another Member State, the applicant shall provide the competent enforcement authority with:
(a) a copy of the judgment which satisfies the conditions necessary to establish its authenticity; and
(b) the certificate issued pursuant to Article 53, certifying that the judgment is enforceable and containing an extract of the judgment as well as, where appropriate, relevant information on the recoverable costs of the proceedings and the calculation of interest.
Art. 53:
The court of origin shall, at the request of any interested party, issue the certificate using the form set out in Annex I.
Enforcement titles from Poland
If your debtor does not dispute the claim in Poland, a so-called "payment order procedure", is advisable. This proceeding “postępowanie upominawcze”, is often applied in Poland and has the advantage that it can be used to obtain an enforceable title quickly, easily and inexpensively.
After receiving a payment order, the debtor has 14 days to make the required payment or to object to the payment order. If the debtor objects, the matter can be transferred to an ordinary legal proceeding. If the debtor has already disputed the claim or lodged an objection, there is the possibility of taking the ordinary legal process. In such proceedings, the claim is to justify and to prove with evidence.
At least one meeting takes place during the legal proceedings, and a final judgment is pronounced at the end of the proceeding. A title from Poland can be in form of a verdict, a court-recorded settlement or an enforcement order from the payment order procedure.
If your debtor does not dispute the claim in Poland, a so-called "payment order procedure", is advisable. This proceeding “postępowanie upominawcze”, is often applied in Poland and has the advantage that it can be used to obtain an enforceable title quickly, easily and inexpensively.
After receiving a payment order, the debtor has 14 days to make the required payment or to object to the payment order. If the debtor objects, the matter can be transferred to an ordinary legal proceeding. If the debtor has already disputed the claim or lodged an objection, there is the possibility of taking the ordinary legal process. In such proceedings, the claim is to justify and to prove with evidence.
At least one meeting takes place during the legal proceedings, and a final judgment is pronounced at the end of the proceeding. A title from Poland can be in form of a verdict, a court-recorded settlement or an enforcement order from the payment order procedure.