Debt collection in Poland
The way to execution of German judgments in Poland
According to the Polish law (unlike in Germany), judgments given in Germany, that are enforceable, shall be enforced by a lawyer in Poland.
The German-Polish law firm Kozlowski provides debt collection services in Poland and Germany. We assume the dunning, the recognition of foreign judgments and the implementation of the enforcement as well as, if required, the necessary bankruptcy filings.
Our lawyers deal with the assertion and enforcement of outstanding claims by our clients in Poland and Germany. We offer a low cost and quick process in this area. Our experience enables quick and optimal completion of the process.
In the case of doubts, we assert for our clients the claims, as well as ward off the claims. We also represent our clients in enforcement proceedings in Poland and Germany.
We offer representation in connection with the recognition of judgments and procedures by the Polish courts in the matter of the European order for payment.
Your path to enforcement in Poland
For enforcement against a Polish debtor, in any case, an enforcement order is needed. In order to obtain an enforceable court order against your Polish debtors, there are two possibilities:
- a fast procedure of obtaining an order for payment, that is similar to the German Mahnverfahren or
- a full trial.
If your debtor in Poland does not dispute the claim, a so-called "order for payment procedure", comparable to the German order for payment procedure, is advisable. This way, postępowanie upominawcze, is often chosen in Poland and has the advantage that a quick, easy and inexpensive enforceable title can be obtained. Polish law is here in substance similar to the German law.
After delivery of an order for payment, the debtor has 14 days to appeal, to make the required payment or to oppose the payment order. If the debtor files an opposition afterwards, the matter can be turned into a regular trial.
If the debtor has already extra-judicially contested the claim or lodged an objection, it is possible to choose legal proceedings. In such a process, there is a requirement, as it is in Germany, to justify and substantiate the claim by documented evidence.
During the trial, at least one meeting is held and at the end of the process, a final judgment is pronounced.
An enforceable title from Poland may have a form of a judgment, a court settlement or an enforcement order from the order for payment procedure. Furthermore, the execution of a European Enforcement Order or an enforceable title from Germany or other european country is possible, provided that it contains an enforcement clause.
Unlike in Germany, in Poland, the bailiff is not an employee of the court, but an independent contractor, who receives a percentage amount of the driven-demand. This compensation model has proven successful in Poland.