Accounting

Enforcement in Poland

Accounting


Enforcement in Poland

Polish bailiff shall carry out the enforcement proceedings in a manner resulting in an effective recovery of creditor's claim against debtor's assets. The bailiff acts on the basis of submitted by the creditor application for initiation of enforcement proceedings and within the jurisdiction of enforcement title issued by the court. In this framework, he may carry out enforcement proceedings.

Bailiff enforcement action begins with the creditor sending the enforcement application to the chosen court bailiff. It is worth remembering that the enforceable title (e.g. judgment, order for payment, bank enforcement title) shall be accompanied by an enforcement clause. Enforcement clause is an essential element allowing for an effective initiation and implementation of the enforcement proceedings in Poland as it states that the enforcement title meets all legal requirements and is suitable for implementation.

In the application for initiation of enforcement proceedings in Poland, the creditor may indicate several methods of execution action against the debtor taking into consideration that, out of these methods, he shall implement the least burdensome for the debtor. In practice it means that out of several enforcement measures, he shall select the one that results in satisfying  the claim and the debtor suffers the least damage in respect to such action. In a situation when the creditor selects all methods of execution in the enforcement application (e.g. execution against earned income, bank accounts, real estate) the bailiff shall implicitly exercise these enforcement measures

If it is not known by the creditor if the debtor's has any assets in Poland, he may, in the enforcement application or later, order to search for them. In this case the bailiff turns to banks, social security office (ZUS), tax office, land and vehicle registry. Conducting a search for debtor's Polish assets is subject to a fee.

The next stage in the Polish enforcement proceedings is a seizure of specific property rights. It is bailiff's obligation to notify the debtor and the creditor as well as other entities (e.g. bank in case of seizing assets accumulated in the bank account or the employer in case of seizure of earned income) about actions taken. In addition, the bailiff notifies parties to the proceedings about any action taken if they were not notified or could not be present during the said action. Also at the request of the entity concerned with the case, the bailiff has an obligation to provide all necessary explanations pertaining to the status of the case.

There are fees associated with the enforcement proceedings in Poland. According to art. 770 of the Civ. Proc. Code, the debtor shall pay the creditor the costs for carrying out the enforcement. The cost of the enforcement shall be determined by the decision of the bailiff if he or she is charged with conducting the enforcement. The costs are recovered along with the enforced claim. Exemption from court costs awarded by the court to a party in the examination of a civil law case, or to which a party has statutory eligibility, extends also to enforcement proceedings.

 

Contact our enforcement lawyers in Poland

Please address your enquiries to: info@dudkowiak.com, we will do our best to answer to you e-mail within 24 hours. 


Anna Szymielewicz

Lawyer

Anna Szymielewicz

Attorney-at-law, Partner

Anna Szymielewicz
Piotr Glapiński

Lawyer

Piotr Glapiński

Attorney-at-law, Counsel

Piotr Glapiński