What is a default judgment?
A default judgment is a court decision issued when a defendant does not take part in civil proceedings in the manner required by procedural law. In Polish civil procedure, the equivalent institution is a wyrok zaoczny. It may be issued where the defendant fails to appear at a hearing or, despite appearing, does not take part in the hearing. It may also be issued at a closed session where the defendant fails to file a response to the statement of claim within the prescribed time limit.
A default judgment is not issued automatically in every case where a defendant is absent or passive. The court must first assess whether the procedural requirements have been met, including whether the statement of claim and other required court correspondence were correctly served. Under Article 339 of the Polish Code of Civil Procedure, the court generally accepts the claimant’s factual allegations as true if the defendant remains passive. This does not apply where those allegations raise justified doubts or appear intended to circumvent the law.
The purpose of a default judgment is to prevent civil proceedings from being delayed solely because one party does not respond to the claim or avoids participation in the case. At the same time, it can have serious consequences for a defendant, particularly where the judgment orders payment of a debt, contractual penalty, damages or another monetary claim.
How does a default judgment work in practice?
Default judgments are most commonly encountered in debt recovery, commercial disputes, contractual claims, lease disputes, employment matters and claims arising from unpaid invoices. They may also arise in disputes between private individuals, for example in cases concerning loans, services, property or civil liability.
In practice, a claimant files a statement of claim and the court serves it on the defendant. If the defendant fails to file a response to the statement of claim when required or does not participate in the hearing, the court may issue a default judgment based primarily on the claimant’s assertions and submitted evidence. The court must still apply the relevant law and may not accept factual allegations that raise justified doubts or appear intended to circumvent the law, but the defendant’s lack of activity may substantially weaken the ability to challenge the claimant’s version of events at that stage.
As a rule, a default judgment allowing a claim is declared immediately enforceable. This can allow the claimant to begin enforcement proceedings before the judgment becomes final. For the defendant, this may mean a risk of bank account attachment, seizure of receivables or enforcement against other assets.
A defendant is not necessarily deprived of legal remedies. Polish law provides for an objection against a default judgment (sprzeciw od wyroku zaocznego). The objection must generally be filed within two weeks of service of the judgment. In the objection, the defendant should present allegations, factual arguments and evidence supporting their position. Failure to act in time may result in the judgment becoming final and enforceable.
When is legal assistance concerning a default judgment advisable?
Legal assistance may be important as soon as a court letter, statement of claim, payment order or notice of hearing is received. A party should not assume that correspondence can be safely ignored, even where the claim appears unfounded, the amount is disputed or the recipient believes that the case concerns someone else.
For individuals, support may be needed where a default judgment concerns an alleged unpaid loan, consumer agreement, lease, service contract or compensation claim. A lawyer can assess whether the claim was correctly served, whether it is time-barred, whether the amount has been calculated correctly and whether there are grounds to challenge the judgment.
For businesses, a default judgment may concern unpaid invoices, contractual penalties, commercial agreements, distribution arrangements, shareholder disputes or claims against management. Companies should react promptly, as procedural omissions can lead to enforcement measures that disrupt liquidity, supplier relationships and day-to-day operations.
A prompt consultation with a lawyer can help identify procedural deadlines, prevent avoidable mistakes and reduce the risk of an unfavourable judgment becoming final. It may also help protect a party from enforcement proceedings, unnecessary costs, financial losses or liability arising from an insufficient response to a claim.
Law firm support in default judgment cases may include:
- reviewing a default judgment, statement of claim and court correspondence;
- assessing whether service of documents was effective and compliant with procedural rules;
- preparing and filing an objection against a default judgment;
- developing procedural arguments and collecting relevant evidence;
- representing parties in civil and commercial court proceedings;
- advising on the suspension or limitation of enforcement proceedings;
- supporting creditors seeking payment of uncontested or overdue claims.
Need assistance with a default judgment? Contact us.