Over 2 million Poles have problems paying their debts. Due to the presence of Poland in the European Union, it is also not surprising that some of the debtors have their creditors also outside the country. A creditor, both established in Poland, as well as that located in another country, has legal means to recover his liability from the debtor in Poland.
Debt collection from private persons in Poland is possible in two ways: court and amicable (so-called pre-court). The first stage should be an attempt to voluntarily settle the obligation, i.e. through amicability. Of course, we can call the debtor on his own, sending relevant letters, such as calls for payment and a summons to settle the repayment of the claimed receivables. However, it should be remembered that we should have documents confirming the existence of such a commitment, such as an agreement concluded in writing, a notarial deed or invoices. Individual negotiation with the debtor can cost us a lot of time and nerves, so it is worth using the services of law or debt collection offices that have experience in the so-called soft execution. By ordering such a procedure, we can be sure that they will do everything that is possible under Polish law to recover the debt, without also involving the creditor or excessive financial resources.
If, by way of amicable arrangements, the repayment of the claimed receivables can not be enforced, the creditor will remain in court. And the office’s support will also be useful here. If she conducted proceedings earlier – she has all the necessary documents to prepare and submit an application in court for issuing a payment order. Such application should be accompanied by documents confirming the existence of the obligation and requiring the debtor to voluntarily pay the debt. Court proceedings usually take place in the court of the debtor’s place of residence. However, if the creditor is abroad, it is also possible to obtain a European order for payment, which is issued in cases of uncontested cross-border monetary claims (ie one of the parties is resident or resident in a different country than the one in which the case is being considered) . After obtaining the enforceable title (order for payment, judgment, European order for payment) and affixing it with a validity clause, you can submit a request to initiate enforcement proceedings with the court enforcement officer. The court bailiff is a specialized public official who has the appropriate legal instruments to make arrangements regarding the debtor’s assets and to make possible classes of both cash (remuneration for work, remuneration under civil law contracts, funds on bank accounts) and movables (e.g. car) as well as property belonging to the debtor. The effectiveness of the enforcement proceedings, and thus the recovery of debt, can vary, so it is also worth taking advantage of the help of a lawyer who will deal with contact with the bailiff and will look after what happens to our case.