Freight debt recovery in Poland

Freight debt recovery in Poland is a matter of speed, documentation and knowing the rules specific to the transport industry. Foreign carriers and freight forwarders often perform services for Polish contractors on the basis of short transport orders concluded through freight exchanges or by e-mail. When the invoice remains unpaid, the creditor faces an unfamiliar legal system, a different language and, frequently, a debtor who counts on the claim never being pursued across the border. We handle the entire process of recovering freight and forwarding receivables from Polish companies – from the first demand for payment to court proceedings and enforcement. We take on cases with a value in dispute of at least EUR 5,000.

Why Transport Receivables Require a Specialised Approach

Claims for freight are subject to short limitation periods. In international road carriage covered by the CMR Convention, claims arising out of carriage are generally time-barred after one year. The same one-year period applies to claims under domestic carriage contracts under the Polish Transport Law and to claims under forwarding contracts under the Polish Civil Code. A creditor who waits too long, relying on repeated promises of payment, may lose the possibility of enforcing the claim in court.

The outcome of a case also depends on evidence typical of the transport sector: the transport order and its acceptance, the CMR consignment note, proof of delivery, correspondence with the dispatcher and conditions published on the freight exchange. Disputes often concern not the freight itself, but deductions made by the debtor – contractual penalties for delay, alleged cargo damage or the late delivery of original documents. Each of these objections requires a careful legal assessment.

Amicable Recovery and Pre-Litigation Steps

Most cases begin with a formal demand for payment prepared by a Polish law firm, which in itself often changes the debtor’s approach. At this stage, we verify the debtor’s status in public registers, including the National Court Register and the National Debtors Register (KRZ), which shows restructuring and bankruptcy proceedings. We also assess the available security, such as the carrier’s or forwarder’s statutory lien on the goods, and consider negotiating a settlement or an instalment agreement with appropriate safeguards.

Under the Polish Act on counteracting excessive delays in commercial transactions, a creditor may claim statutory interest for late payment in commercial transactions and a fixed compensation for recovery costs equal to EUR 40, EUR 70 or EUR 100, depending on the value of the claim. Payment terms longer than 60 days are permissible only if expressly agreed and not grossly unfair to the creditor.

Court Proceedings and Enforcement in Poland

If the debtor does not pay voluntarily, we file a claim with the competent Polish court. Depending on the case, this may be the procedure for an order for payment, the electronic writ-of-payment procedure (EPU) or the European Order for Payment procedure. Where there is a risk that the debtor will dispose of its assets, we apply for security for the claim before or during the proceedings, for example by attaching bank accounts or receivables. In cross-border matters, we also analyse jurisdiction under the CMR Convention and EU regulations, so that the case is heard where it can be enforced most effectively.

A final judgment or order for payment is enforced by a court bailiff (komornik). We supervise the enforcement proceedings, identify the debtor’s assets and respond to attempts to avoid payment, including by challenging transactions made to the detriment of creditors. Where the debtor is insolvent, we file the claim in bankruptcy or restructuring proceedings and represent the creditor’s interests before the court and the insolvency practitioner.

Our Freight Debt Recovery Services

We act for foreign carriers, forwarders and logistics operators seeking payment from Polish contractors. Our support includes:

• analysis of the transport order, documents and the debtor’s objections,
• demand letters and negotiations with the debtor,
• calculation of interest and compensation for recovery costs,
• applications for security for the claim and court proceedings,
• supervision of bailiff enforcement,
• filing claims in insolvency and restructuring proceedings,
• recommendations for safer contracting in the future.

Clients benefit from communication in English, a clear assessment of the chances and costs at the outset, and a strategy adapted to the value of the claim and the debtor’s financial situation. Effective recovery is often also the best way to protect a carrier’s cash flow, which in the transport industry depends heavily on timely payment for every completed route.

If a Polish contractor has failed to pay for your transport or forwarding services and the claim exceeds EUR 5,000, do not wait until the limitation period expires. Kopeć Zaborowski Adwokaci i Radcowie Prawni represents foreign transport companies in freight debt recovery in Poland. Contact us to discuss your case. See also our general Claim recovery in Poland practice.

Bibliography

Convention on the Contract for the International Carriage of Goods by Road (CMR), Geneva, 19 May 1956.

Act of 15 November 1984 – Transport Law (Poland).

Act of 23 April 1964 – Civil Code (Poland), provisions on the forwarding contract.

Act of 8 March 2013 on counteracting excessive delays in commercial transactions (Poland).

Regulation (EC) No 1896/2006 creating a European order for payment procedure.