Doing business internationally always carries the risk of encountering unreliable partners. When a Polish counterparty delays payment for a large shipment or services, and the outstanding debt exceeds PLN 50,000, any delay can threaten a company’s financial stability. The Polish legal system provides a clear course of action that can minimize losses and compel the debtor to fulfill its obligations.
In practice, large debts are rarely settled through simple phone calls or standard reminder letters. At this stage, it is critically important to consult a lawyer (an advocate or legal adviser in Poland — adwokat or radca prawny) who can assess the prospects of the case, verify the counterparty’s financial situation, and develop a strategy to protect your interests in accordance with local law. Professional assistance at an early stage helps avoid procedural mistakes that can prolong the process for months.
Below, we will examine in detail the effective legal mechanisms for recovering debts exceeding PLN 50,000, comparing pre-litigation and court procedures, and also discussing cooperation with court bailiffs.
Pre-Litigation Settlement: The First Line of Defense
Before going to court, Polish law and business practice require (or strongly recommend) going through the pre-litigation debt recovery stage. This can not only reduce court fees but, in some cases, also speed up the recovery of funds.
1. Official Payment Demand (Wezwanie do zapłaty)
The first step is to send the debtor an official demand for payment. The document should be prepared in Polish and contain:
• The exact amount of the debt, including statutory interest for late payment in commercial transactions (odsetki ustawowe za opóźnienie w transakcjach handlowych).
• Bank details for the transfer.
• A strict deadline for payment (usually 7 to 14 days).
• A warning that the matter will be taken to court and that all associated court and enforcement costs will be charged to the debtor.
The demand should be sent by registered mail with acknowledgment of receipt (list polecony za zwrotnym potwierdzeniem odbioru). Without this document, subsequent court proceedings may become more complicated.
2. Reporting the Debtor to Debt Registers (Biura Informacji Gospodarczej — BIG)
Poland has an effective system of business information bureaus, including KRD and InfoMonitor. Reporting a major debtor to such registers can immediately damage its credit history and make it more difficult to obtain bank loans, leasing, or participate in tenders. For Polish companies, this is a powerful incentive to settle their debts in order to protect their reputation in the market.
Court Debt Recovery: When Amicable Methods Fail
If pre-litigation measures do not produce results, it is necessary to proceed to the court stage. For debts exceeding PLN 50,000, the litigation strategy should be carefully planned.
Choosing the Right Court Procedure
Depending on the availability of documents confirming the debt, different types of proceedings may be used:
• Electronic Payment Order Proceedings (Elektroniczne Postępowanie Upominawcze — EPU):
Although EPU is convenient for the mass recovery of smaller debts, first-instance courts also accept such claims. The process is conducted entirely digitally through a dedicated platform. However, if the debtor files a justified objection (sprzeciw), the case is transferred to an ordinary court with jurisdiction over the defendant, which can increase the length of the proceedings.
• Ordinary Civil Proceedings (Postępowanie procesowe):
For debts exceeding PLN 50,000, it is often advisable to apply directly to a commercial court (Sąd Gospodarczy). This makes it possible to examine contracts, acceptance and delivery documents, invoices, and correspondence between the parties in detail.
• Proceedings in Commercial Matters (Postępowanie w sprawach gospodarczych):
Polish civil procedure provides special, accelerated rules for disputes between businesses. The parties are required to present all claims and evidence in the statement of claim and the first response to the claim; evidence submitted later may be rejected by the court.
Securing the Claim and Freezing the Debtor’s Accounts
The creditor’s main concern during court proceedings is that while the case is ongoing (which may take anywhere from several months to a year), the debtor may transfer its assets, sell property, or declare bankruptcy.
To prevent this, Polish law provides a powerful legal instrument — security for the claim (Zabezpieczenie roszczenia).
How it works:
- At the same time as filing the claim, or even before filing it, the creditor may request that the debtor’s assets be secured.
- It is necessary to prove not only the existence of the debt but also that, without security, enforcing the future court judgment would be impossible or extremely difficult (for example, due to the deteriorating financial condition of the debtor company).
- Types of security include:
• Seizure of the debtor’s bank accounts (zajęcie rachunku bankowego). The bank immediately blocks the amount of the debt in the debtor’s accounts.
• Seizure of movable or immovable property.
• A prohibition on disposing of specific assets.
Once the court issues an order granting security, the creditor can immediately approach a court bailiff without waiting for the court proceedings on the merits to conclude.
Working with Court Bailiffs (Komornik)
Once the court has ruled in your favor and the judgment becomes final and enforceable (or a court order with an enforcement clause — klauzula wykonalności — has been obtained), enforcement proceedings begin.
In Poland, court bailiffs are independent public officials operating in connection with district courts. The creditor has the right to choose a court bailiff independently in the region where the debtor is registered or where its assets are located.
Effective tools available to a Komornik:
• The court bailiff can obtain information in real time about all of the debtor’s bank accounts at Polish banks and immediately enforce the claim against them.
• Obtaining information about tax returns, business counterparties, and company turnover.
• Identifying and seizing office equipment, machinery, vehicles, and warehouse goods, followed by their public sale at auction.
• The bailiff may require the debtor’s customers to transfer money not to the debtor’s accounts, but directly to the bailiff’s deposit account.
Important Aspects of Enforcement Proceedings:
- The court bailiff’s services are paid through an enforcement fee (opłata egzekucyjna), which is charged to the debtor. However, at the initial stage, the creditor may incur minimal additional expenses for correspondence and information requests.
- If the debtor has several creditors, claims are satisfied according to the priority established by Polish law. In particular, maintenance obligations and employees’ wage claims are given priority, followed by claims of commercial creditors. This is why the speed of filing a claim and obtaining security measures can be crucial.
Conclusion
Recovering a debt exceeding PLN 50,000 from a Polish counterparty is a clearly regulated legal process that leaves little room for amateur mistakes. Success depends on the proper combination of pre-litigation pressure, timely court action, prompt security measures against the debtor’s accounts and assets, and effective cooperation with a court bailiff (Komornik). A comprehensive approach and the involvement of qualified professionals can significantly increase the chances of actually recovering frozen funds and minimizing the financial risks to your business.
