The debt recovery procedure entails a few stages.
The first stage is to attempt to recover the debt in an amicable manner. Such actions may include telephone conversations, sending an e-mail, sending a summons for payment by registered mail. The summons should contain information about the amount owed, the date and manner of payment, as well as any consequences of non-payment. The summons constitutes evidence in court proceedings of an attempt at amicable settlement of the dispute.
If the amicable actions does not result in repayment, out-of-court settlement, or the debtor fails to comply with the settlement, it becomes necessary to file a civil action for payment in court (second stage).
There are a few types of court proceedings. The choice of procedure in a given case depends on the type and size of the claimed liability. The Law Office will present an opinion on the choice of procedure after receiving documents – evidence in the case (contract signed with the debtor, invoices, e-mails etc.)
A final court judgment with an enforcement clause is an enforceable title and entitles to initiate execution by a bailiff. The enforcement proceedings based on the Polish enforcement title or European Enforcement Order are the next and final stage of debt collection.
We represent our clients at every stage and in every court and enforcement procedure.
Please remember that delaying debt collection activities for too long may result in the statute of limitations on the claim, which means that the debtor may evade paying the liability.
The general statute of limitations for monetary claims in Poland is six years. With respect to claims for periodic performance and claims related to the conduct of business activities, the statute of limitations is three years. However, the statute of limitations for claims relating to sales made within the scope of the seller’s business activity expires after two years.
The course of the statute of limitations begins on the date on which the claim became due. Any action before a court or other authority appointed to hear cases or enforce claims of a given type or before an arbitration tribunal, aiming at vindicating or establishing a claim or aiming at satisfying a creditor or at least securing a claim, interrupts the course of the statute of limitations. The statute of limitations is also interrupted by the commencement of mediation or, finally, by acknowledgment of the claim by the debtor.
For more information please contact with the SCHITTULLI LAWYERS law firm.