Claim recovery in Poland
About
Claim recovery refers to the legal processes undertaken to recover debts or losses incurred due to non-payment, contractual disputes, or other obligations that have not been satisfied. Our firm offers a comprehensive suite of services aimed at efficiently managing the various aspects of recovery while protecting your interests.
We assist our clients in recovering outstanding debts, whether from individuals or corporate entities. Our approach includes conducting thorough assessments of debts, evaluating the likelihood of recovery, and implementing tailored strategies that can include negotiation, mediation, or litigation, depending on the situation. Our goal is to recover debts efficiently while minimizing any potential disruptions to your business.
In instances where contracts are breached, whether due to unpaid invoices, failure to deliver goods, or not meeting service standards, our team is here to advocate for you. We analyze the specifics of your case, gathering all necessary documentation and evidence to support your claim, ensuring that your rights are fully represented.
For clients dealing with cross-border issues, our firm provides services tailored to international claim recovery processes. We understand the complexities involved in different legal jurisdictions and work to ensure compliance with relevant regulations while pursuing your claim.
When amicable resolutions are not reachable through negotiation, our experienced lawyers are prepared to represent you in court or arbitration proceedings. We have a proven track record in effectively managing disputes and achieving favorable outcomes for our clients.
Our team possesses extensive experience in claim recovery across various sectors, equipping us to handle a diverse range of issues. We adopt a proactive stance in claim recovery, ensuring that potential issues are identified early and addressed swiftly, maximizing recovery prospects.
Understanding each client’s unique situation allows us to implement personalized strategies that align with your specific goals and expectations.
In terms of matters related to claim recovery in Poland, Kopeć & Zaborowski Law Firm offers also:
- Claim assessment;
- Corporate investigations;
- Asset detection (including through private detective services);
- Injunctions;
- Commercial Litigation;
- Enforcement of collateral instruments (guarantees, pledges, registered pledges, contractual penalties promissory notes, etc.).
Our firm has successfully executed numerous high-profile projects in the field of claim recovery, demonstrating our expertise and commitment to excellence. Some of our key projects include:
- Representation of a leading IT company in corporate disputes with an ex-board member in arbitration court. The case involves recovery of financial claims from an ex-board member who violated provisions of management agreement with the company, misused his powers as board member and derived unlawful benefits from his position.
- Representation of a large entrepreneur in a dispute concerning an innovative project to develop a technology for hydrogen storage with potential applicability in hydrogen-powered cars. The client has been sued by a government agency responsible for providing financing to innovative project for breach of the financing contract
- Representation of a US based reseller of top-quality saunas in a dispute with Polish producer, involving guarantee claims and malperformance of contract.
Case study
Pioneering the liquidation of a simple joint-stock company
Pioneering the liquidation of a simple joint-stock companyStrategic exit structuring in a complex corporate group
Strategic exit structuring in a complex corporate groupDefending Corporate and Board Interests in a High-Stakes Franchise Dispute
Defending Corporate and Board Interests in a High-Stakes Franchise DisputeHow can
we help you?
the experts
FAQ
What does “claim recovery” mean in the Polish legal system?
Claim recovery refers to all procedures aimed at enforcing payment or fulfillment of obligations owed by debtors to creditors. In Poland, this includes both out-of-court negotiations and formal judicial or enforcement processes.
- Claims may arise from unpaid invoices, loan agreements, contracts for services, or damages.
- Creditors are entitled to first attempt voluntary settlement but may escalate to litigation or enforcement if the debtor does not pay.
Claim recovery can involve civil courts, enforcement officers (bailiffs), and sometimes arbitration or mediation.
The Polish legal framework emphasizes a balance between creditor’s rights to recovery and debtor’s right to fair defense.
What methods of claim recovery are available in Poland?
Recovery can take several different forms, depending on the case:
- Amicable negotiation – encouraging voluntary repayment by contacting the debtor directly.
- Payment demands (wezwanie do zapłaty) – formal notices sent to the debtor with a deadline, often a prerequisite before litigation.
- Judicial proceedings – filing a claim with Polish courts to obtain an enforceable judgment or order for payment.
- Fast-track proceedings – e.g., order for payment procedure (nakaz zapłaty) in written or electronic form, often quicker and cheaper.
Enforcement proceedings – execution conducted by court bailiffs (komornik), once a judgment is final and enforceable.
A proper strategy often combines these methods, starting with negotiation and escalating to litigation only if necessary.
What are the first steps when recovering a claim in Poland?
The initial stage usually involves gathering evidence and making formal requests:
- Collect all documents proving the debt (contracts, invoices, delivery documents, correspondence).
- Send a written demand for payment with a specific deadline (e.g., 7–14 days).
- In some cases, add statutory late interest and reimbursement claims for recovery costs.
If the debtor ignores the demand, the next step is initiating court proceedings, usually via the electronic writ-of-payment procedure (EPU) for straightforward monetary claims.
Acting promptly is important because claims may become time-barred after statutory limitation periods.
How long does the claim recovery process usually take?
Timeframes may vary depending on whether the process remains amicable or becomes judicial:
- Amicable demand and negotiation – typically 1 to 6 weeks, depending on debtor’s cooperation.
- Electronic writ-of-payment procedure (EPU) – 2 to 8 weeks if uncontested and properly filed.
- Standard court proceedings – often 6 months to 2 years, depending on complexity and appeals.
Enforcement proceedings – may take several months or longer, depending on debtor’s assets.
Delays are common if the debtor disputes the claim, appeals, or intentionally hides assets from enforcement.
What types of courts handle claim recovery in Poland?
Jurisdiction depends on the value and nature of the claim:
- Claims up to PLN 100,000 are generally filed with district courts (sąd rejonowy).
- Higher-value claims are brought before regional courts (sąd okręgowy).
- Specialized commercial divisions hear cases between entrepreneurs.
Electronic payment order claims (EPU) are centralized in the Lublin-West District Court for efficiency.
This division ensures that appropriate courts handle cases proportionally to their complexity and financial value.
What costs are involved in pursuing claims?
The cost of claim recovery depends mainly on the type of procedure:
- Court fees – generally 5% of the claim value, but in electronic (EPU) proceedings only 1.25%, making it cheaper.
- Legal representation fees – vary based on claim size and case complexity; in many cases the losing party is obliged to reimburse the winner.
- Enforcement fees – paid to the bailiff, usually a percentage of the amount recovered (commonly 10–15%).
Administrative costs – translations, notarial certifications, document delivery, etc.
A well-drafted strategy helps minimize costs, especially if the claim can be enforced quickly without prolonged court battles.
What is the role of a bailiff (komornik sądowy) in recovery?
Once a judgment or payment order becomes final and enforceable, court bailiffs are responsible for executing it. Their role includes:
- Seizing the debtor’s movable and immovable property.
- Seizing bank accounts, salaries, or other receivables.
- Organizing auctions of seized property.
Reporting on recovery progress to both creditor and the court.
While bailiffs work under the supervision of courts, creditors can propose specific enforcement measures to maximize recovery chances.
Are foreign creditors protected when recovering claims in Poland?
Yes, foreign creditors enjoy the same procedural rights as Polish businesses. Additionally:
- EU creditors benefit from European regulations, such as the European Payment Order (EPO) and mutual recognition of judgments across EU countries.
- Poland has a wide network of bilateral treaties, ensuring that foreign judgments may also be recognized and enforced.
- A foreign creditor usually needs to appoint a local legal representative for efficient navigation through court and enforcement proceedings.
This makes the Polish system relatively friendly for international claim enforcement.
What are the risks and challenges of claim recovery?
While the system provides effective tools, challenges exist:
- Time consumption – standard litigation can stretch for years with appeals.
- Costs vs. probability of recovery – if the debtor is insolvent, even a favorable judgment may yield no recovery.
- Asset concealment – debtors sometimes attempt to transfer property to avoid enforcement.
- Limitation periods – failing to act in time may render the claim unenforceable.
Debtor bankruptcy – in such cases, creditors join insolvency proceedings, where recovery is often partial.
Strategic assessment at the outset helps determine whether pursuing recovery is economically justified.
When should a creditor consult a law firm in Poland?
Professional legal support significantly increases chances of successful recovery. It is recommended to consult a law firm:
- At the very beginning, when drafting or reviewing contracts, to prevent future disputes.
- Immediately after payment delays, to prepare strong demand letters and avoid procedural mistakes.
- Before litigation, to choose between EPU, standard proceedings, arbitration, or international enforcement.
- During enforcement, to monitor bailiff actions and propose effective asset seizure strategies.
In cross-border claims, to coordinate recognition and enforcement across legal systems.
A law firm’s role is not only handling disputes but also evaluating cost-efficiency and advising whether pursuing the debtor is practical at all.