Accounting

Order for payment in Poland

Accounting


If you receive an order for payment - it means that the creditor has exercised a simplified court procedure.

On a basis of creditor's statements included in the summons and enlisted documents, court may issue an order for payment - without scheduling a hearing - and deliver it to a debtor with summons and instructions on the debtor's rights to appeal by means of filing a complaint or a claim.

Only after a debtor properly files a complaint or a claim against the order for payment - can the court schedule a court hearing. At the court hearing the debtor shall have an opportunity to present his arguments. After hearing arguments, the Court shall determine if creditor's claims are valid or unfound and shall pass a judgment awarding a payment of debt in full or in part or if the claim shall be dismissed.

Issuance of an order for payment by the court does not mean by itself that, in court's opinion, the creditor's claim is clearly substantiated - it only means that the contents of the summons and the documents enclosed show that it may be substantiated.

Therefore, in a situation when you receive court's order for payment with summons and you do not agree with their substantiation (e.g. if claim is time-barred, debt has been paid in full or in part, agreement was invalid etc.) -  a complaint or a claim against an order for payment shall be filed within a time limit indicated in the instructions (2 weeks from the day of the service of an order for payment)

If you receive an order for payment, seeking legal advise is recommended.  

If, for any reason, an order for payment was not served (uncollected notice of attempted delivery, change of address etc.), you shall be notified about its issuance only when an enforcement procedure is initiated by the bailiff.

If you believe that the order for payment is unsubstantiated - you have 7 days from the day you have learned about the initiated enforcement procedure and the issuance of the order for payment to take appropriate legal action. It shall be either filing a court complaint or a claim together with an application to reset the time limit for its filing, or a complaint against the issuance of the enforceability clause. In this situation, in order to take appropriate to the case actions, seeking legal advise is strictly recommended. 


Anna Szymielewicz

Lawyer

Anna Szymielewicz

Attorney-at-law, Partner

Anna Szymielewicz
Piotr Glapiński

Lawyer

Piotr Glapiński

Attorney-at-law, Counsel

Piotr Glapiński