Debt collection

Licence for debt collection in Poland?

Popular press portal broke the news about the debt collection draft law. The representatives of the Ministry of Justice confirmed this information. Although the draft law itself is not yet available, its basic assumptions are already known

 

Debt collection registry and licenses In Poland

 

Currently, debt collection company in Poland operates under the freedom of economic activity and there are no detailed regulations regarding the conduct of this type of business.

The new draft law is to change this by introducing ministerial supervision in the form of the Central Register of Debt Collection Companies and Debt Collectors. Moreover, only people with an appropriate license, granted by the minister responsible for economy, will be able to act as debt collectors in Poland.

 

New debt collection law in Poland – limited contact with the debtor

 

The new law is to significantly limit the possibility of the debt collector’s contact with the debtor. The number of telephone calls made to the debtor will be regulated by law – up to three a week at specific times. Any home visits will be allowed only with the prior consent of the debtor. A person who remains in the area of ​​interest of the Polish debt collection company will be able to express a written objection, which will be tantamount to prohibiting further contact. Then the only thing that will be left to the debt collection company is to take legal action or enforcement by a bailiff.

 

Penalties, fines, sanctions

 

The assumption is that the project is primarily intended to deter the forms of debt collection from taking actions at the border or even against Polish law. Penal sanctions are provided for carrying out activities contrary to the provisions of the planned law; in the event of violation of its provision, the Polish Financial Supervision Authority will be able to impose a fine of up to PLN 500,000 on the entrepreneur or up to the equivalent of 10 percent of total annual turnover.

 

200 debt collection companies in Poland

 

It is estimated that about 200 companies of this type operate in Poland; according to data from 2018, entrepreneurs from the SME sector recover about 2 billion a year thanks to debt recovery companies According to the latest data from BIG InfoMonitor, companies’ overdue debts amount to PLN 38.5 billion.. As a result, our Polish debt collection specialists forecast that the demand for the activities of such companies will continue to be high. Time will tell if the planned changes will come into force in the form announced and what their effects will be on business in Poland.

The planned entry of the law is January 1, 2023.

You may learn more debts recovery in our guide – debt collection in Poland.

Author team leader DKP Legal Magdalena Napierała
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