”
Key aspects of receivables management in Poland
\n\n
The efficient enforcement of claims in Poland regularly presents companies, investors, and high-net-worth individuals with a challenge in international business transactions. The country-specific legal framework requires a structured approach so that outstanding claims can be asserted promptly and cost-effectively.
\n
Contractual foundations and evidentiary documentation
\n\n
The enforcement of outstanding monetary claims requires a clear contractual basis. Business agreements should generally be documented in writing. For evidentiary purposes in receivables management, it is essential to systematically retain all relevant documents such as contracts, invoices, and delivery records. In Poland, the existence of proper documentation is accorded particularly high importance. Missing or unclear agreements can significantly hinder the assertion and enforceability of outstanding items.
\n
Procedure of the out-of-court dunning process
\n\n
Before initiating court measures, an out-of-court dunning procedure is regularly предусмотрено in Poland. First, a request for payment is sent to the debtor. In doing so, particular attention must be paid to setting payment deadlines and to correct addressing. The written reminder serves not only as a request for payment, but also as evidence of an attempt to reach an amicable settlement and as a basis for further legal steps. If the outstanding claim is not satisfied within a reasonable time, the claim may be pursued further in court proceedings.
\n
Gerichtliche Geltendmachung von Forderungen
\n
Filing a lawsuit and court proceedings
\n\n
If no out-of-court settlement is reached, the claim can be enforced in court. The jurisdiction of the Polish courts depends on the amount in dispute and the type of claim. Filing a lawsuit requires compliance with formal requirements, in particular the translation of foreign documents into Polish as well as the complete submission of all evidence relevant to substantiating the claim.
\n\n
In Poland, it is possible to use the so-called electronic order for payment procedure (\”elektroniczne postępowanie upominawcze\”, EPU). This is a simplified procedure which, particularly in the case of uncontested claims, can enable faster obtaining of an enforceable title. If the debtor files an objection, the proceedings are generally transferred to ordinary contentious proceedings.
\n
Enforcement of Polish titles
\n\n
After the claim has been successfully reduced to an enforceable title, the enforcement phase follows. Polish enforcement titles can generally be implemented promptly. Compulsory enforcement is carried out by a court bailiff. Effective enforcement requires that the bailiff be provided with all necessary data about the debtor, in particular regarding the debtor’s financial circumstances.
\n
Limitation periods and special aspects of cross-border claims
\n
Limitation periods in Poland
\n\n
The initiation of claim-related measures should take place in compliance with the limitation periods applicable in Poland. For contractual payment claims, limitation periods of three years generally apply, although in certain cases different time limits must be observed. Measures that interrupt the limitation period, as well as the timely assertion of the claim, are therefore of particular importance in order to avoid loss of rights.
\n
Recognition and enforcement of foreign titles
\n\n
If German or other foreign titles are to be enforced in Poland, a recognition procedure is required. Recognition generally takes place in accordance with the relevant EU regulations. Here, too, formal and substantive-law requirements must be observed, such as the submission of certified translations.
\n
Importance of professional enforcement of claims
\n\n
The successful realization of claims in Poland depends to a large extent on the consistent preparation of all documents, strict compliance with formal requirements, and a coordinated approach. Taking local legal specifics into account, as well as timely monitoring of deadlines, forms the basis for this. In the event of continuing inability of debtors to pay and impending insolvency, an in-depth review of the insolvency-law circumstances may be advisable.
\n\n
If, in the course of receivables management in Poland, more detailed legal questions arise, for example in connection with insolvency proceedings or securing claims in insolvency, MTR Legal is available to you worldwide with tailored legal advice in insolvency law. Further information can be found at Legal advice in insolvency law.
“
