1.1 Call the customer directly to inquire why no payment has yet been received If there is no response to this, give a written note. Clearly indicate the payment period in this notice. This is essential in order to have a strong position during possible legal action. In Poland the payment period is usually 14-30 days.
1.2 Attach a detail of your claim to your reminder; specify that if no payment is made in a timely manner, you must turn in the claim for settlement and attach the debt recovery costs to the claim; write agreements.
2.1 Our Polish debt recovery attorneys have extensive experience with Polish laws and regulations and information. Therefore they are fully aware of Poland's trade traditions and culture. Which makes it easier for your Polish debtor to quickly make payments.
3.1 Our attorneys know both the english and Polish so they can quickly address the language barriers.
4.1 Our business debt recovery strategy is customized to every single case, and we provide tailored advice.
5.1 We will always offer our honest advice on the likelihood that your debt recovery will be successful. It is vital to us to put your needs first; we are endeavoring to provide you with your choices and guidance on the best route to take. It is clear to see how we are upholding our core values of honesty and justice.
6.1 You should break the debt collection process in Poland into two stages. Selection takes place during the extrajudicial process, without the intervention of the Court. They do include the Court during the legal process in order to make the Polish debtor pay.
6.2 Because we are a debt collection firm, we are able to assist you in both processes. Many disputes in Poland are settled during the extrajudicial process, without the intervention of the Court.
7.1 In theory we often continue with the extrajudicial step of the debt collection cycle. We're trying to avoid the need to go to Court during this process, as this can be costly. We'll call your debtor in Poland to seek payment. We do have the following options at this stage:
8.1 If your debtor refuses to pay during the extrajudicial process we can go to the Court after mediation with you. We will always provide you with information about the possible costs in advance and we will only continue with your permission.
8.2 The Polish Court has no fixed period for legal proceedings, which is why legal proceedings can sometimes take a long time to continue. We have the following options to get the invoice during the judicial phase:
8.3 Reimbursement order ("Nakaz zapłaty"): There is an option to bring legal action on uncontested charges by asking the court for a reimbursement order. The debtor only has 14 days to reply. When specified in the order for payment, the debtor may pay or imply that he wishes to file a lawsuit against the order. If the debtor submits a defence, the start of ordinary civil proceedings. Payment order procedures are very common because of their tempo, flexibility and cost-effectiveness. In sum, it usually takes about 12 weeks for an undisputed order for payment procedure;
8.4 Ordinary civil litigation ("Postępowanie zwykłe"): civil proceedings may be launched if the claimant issues a complaint against a payment order or if the allegation is challenged. The debtor disputes with your argument in situations which are contested from the start, and submits their justification for not paying.
8.5 A hearing will normally take place at the Trial. Proof will have to substantiate the claim. We may need to include testimonials to substantiate your claim. In Poland, civil proceedings last at least six months but may take longer than one year;
In the case of an uncontested dispute between two parties located in EU Member States (except Denmark)
In your situation, the prosecutor who manages the case will decide whether this kind of action is acceptable.
The creditor usually fills out a standard form for EU Order for Payment procedures and submits this to the Tribunal.
Instead, the Court issues a Local Transaction Notice. The debtor then has 30 days to decide whether they object to the charge.
If no notice is obtained within the 30-day span, you can require the Court to finalize the payment order (called a "declaration of enforceability"). This decision is true and enforceable and is recognized in any Member State (except Denmark).
The EU Payment Order is never appropriate for contested issues (so not in situations where there is a disagreement over the invoice).
The benefit of this process is flexibility and low cost (some Member States don't even impose a court fee), but the drawback is that if it gets challenged, the case stops, and if the claimant wants to continue, a regular civil action will have to be launched.
- Contact your customer and demand why no payment has been and when exactly it will be.
Always request the payment copy sent to you.
- Are you not able to solve the problem with your customer? Send them a certified letter requesting immediate payment.
- Be conscious that with ambiguous payment terms or arguments, your Polish debtor may try to gain additional time.
Persevere, be direct and never postpone.
- In Poland, a payment period of three to seven days is normal
Our Poland debt collection experts have comprehensive experience and perspective of Polish laws and policies.
Therefore they are perfectly aware of Poland trading values and traditions.
Which makes it easier for your Polish debtor to quickly make payments.
Contact Us and Get our comprehensive article about how to collect a debt in Poland, using the amicable and legal options. This is best debt collection guide on Poland your will ever find.
Because we can start collecting today. Our technology enables us to give you best in class collection services so we can locate the individual debtor quickly, and get you paid today.
We follow your instructions at all times and ensure regular communication with you via collection reports, recommendations regarding debtor payments, payment plans and, where necessary, repossession and Court proceedings.
We have prepared for you a comprehensive article about how the debt collection process works in Poland.
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