Law Firm Doradztwo Skarbiec represents foreign companies seeking to invest and participate in Polish markets.

We can offer you practical, prudent advice on just about any legal problem you may face dealing with Polish business entities or authorities.

We assist foreign companies in complying with state and local laws, and treaties to which Poland is a party, including Polish tax law, commercial law, labour law and administrative law.

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Enforcement of creditors' rights | Collection of debts in Poland

[Warsaw, 06.06.2006] According to Polish law, a compulsory enforcement of rights requires the so-called enforcement title. The term "enforcement title" means an enforcement title which the court equips with an enforcement clause.

Enforcement titles may include:

1) final and unappealable court decision or court decision subject to immediate enforcement, as well as a settlement entered into before a court;

2) final and unappealable court clerk decision or court clerk decision subject to immediate enforcement;

3) award of an arbitration tribunal or a settlement entered into before such arbitration tribunal;

4) settlement entered into before a mediator;

5) other decisions, settlements and deeds which are subject to court enforcement by virtue of law; and

6) certain types of notarial deeds in which the debtor submits itself for enforcement.

In practice, the most frequent enforcement title for a foreign entrepreneur is a final and unappealable court decision. Such decision may be obtained by filing a statement of claim with a Polish court or by legalising a foreign judgement. Pursuant to Article 1150 § 1 of the Code of Civil Procedure, judgements of foreign courts in civil law cases subject to litigation in Poland and possible for enforcement are classified as enforcement titles and will be enforced in Poland, on reciprocity basis, if they are enforceable in the country of their origin and the conditions set forth in Article 1146 § 1 Items 1-6 of the Code of Civil Procedure are met.

It should be noted that there is a long way between obtaining an enforcement title and practical recovery of debt. It is necessary to find a Polish court enforcement officer, to file an application with such officer and to specify assets of the debtor, if possible. In order to avoid mistakes, one should know certain aspects of Polish law concerning, among others, the possibility of recovery of assets hidden by the debtor, the possibility of carrying out enforcement from assets of a spouse or from participation in a company.

Should you have any further questions regarding Polish law or registration of companies in Poland, do note hesitate to contact "Skarbiec" Consulting Services (e-mail / resume of the founder).

DISCLAIMER: The material you read on this site has been prepared and/or edited by Robert Nogacki for information purposes only. This information should not be construed as legal advice and it is not necessarily current or complete. Receipt of this information does not create an attorney-client relationship. Should you have any further questions, do not hesitate to contact Mr Nogacki: redaktor.naczelny@skarbiec.biz

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