Debt Recovery in Poland – Lawyer in Poland

Debt recovery in Poland is a specific legal procedure governed by Polish law. Whether you are an individual or a foreign professional creditor, using the services of a lawyer in Poland is the most efficient and legally secure way to recover unpaid debts in Poland.

Before anything else, it is essential to verify the legal status of the debtor in Poland. This includes analyzing solvency, checking the legal status of the company (especially to ensure it is not bankrupt), and reviewing any existing financial or commercial documents.

As a lawyer, I search for the Polish debtor’s legal status in the following databases, among others:

– KRS – National Court Register (companies)
– CEiDG – Register of sole proprietors
– KW – Real estate register
– US – Tax Office
– KRZ – Insolvency register

This step is crucial in building a tailored debt recovery strategy.

Pre-litigation phase: negotiation, mediation, and amicable settlement

Before initiating legal proceedings, debt recovery in Poland involves a mandatory pre-litigation phase:

• Direct negotiation with the Polish debtor (formal demand letters, calls for payment).
• Attempting an amicable resolution to avoid court costs.
• Proposal of mediation under Polish law – in some cases, this step allows for a quick commercial settlement.
• Inherited debts in Poland: for inherited debts, our legal service also provides assistance to resolve the situation.

Special case: when the debtor is bankrupt in Poland

If during the initial verification, it appears that the Polish company is in bankruptcy or insolvency proceedings (in Polish: “postępowanie upadłościowe”), a different legal path must be followed:

• The creditor must declare their claim in the bankruptcy proceedings.
• The Polish court-appointed trustee becomes the main point of contact – all actions and communications must be coordinated with them.
• The bankruptcy court supervises the process, and special insolvency rules apply.
• The debtor’s assets are distributed among creditors according to legal priority rules.
• Assistance from a Polish lawyer ensures that your claim is properly included in the asset distribution.

Debt recovery in Poland for individuals

A foreign individual can fully assert their rights before a Polish court with the help of a local lawyer. The main steps are:

1. Debtor verification.
2. Formal demand letter.
3. Attempt mediation or reach an amicable agreement.
4. File a claim with the court (with a 5% court fee).
5. If uncontested, obtain a quick judgment.
6. If contested, court hearings follow.
7. Judgment enforcement by a bailiff.

All steps can be completed remotely, with no need for the creditor to travel to Poland.

Debt recovery in Poland for foreign companies

For foreign companies, commercial debt recovery in Poland follows a similar process but typically involves higher amounts and specific proof (contracts, CMRs, invoices, emails).

A Polish lawyer:

• Manages the entire process remotely.
• Legally represents the foreign company as an official legal representative for all court documents and notifications.
• Handles all amicable, judicial, and enforcement phases.
• Coordinates required translations (e.g., debt recognition via email).
• In case of dispute, pleads before Polish commercial courts.

Expected costs in a debt recovery procedure

• Court fee: 5% of the claimed amount.
• Lawyer’s fees: partially reimbursed by the debtor if you win (approx. €570 to €3,000 depending on the number of hearings).
• Certified translations: €50 to €150 if needed.
• Enforcement costs: between €50 and €100 for the bailiff + approx. €300 for legal assistance during this phase.

All steps can be handled online

One of the main advantages of debt recovery in Poland is that all procedures can be handled digitally. The foreign creditor does not need to come to Poland:

• The Polish lawyer can sign a full power of attorney.
• They act as your official representative for notifications.
• They represent the creditor in all stages: pre-litigation, litigation, and enforcement.

Why hire a lawyer in Poland for debt recovery?

Average duration of a debt recovery in Poland: 6 months to 2 years.

A lawyer in Poland specialized in debt recovery ensures:

• Compliance with local law.
• Proper drafting of legal documents.
• Representation in court without your physical presence.
• Direct contact with the court or trustee (in case of bankruptcy).
• Quick enforcement of court decisions.

Conclusion

Debt recovery in Poland is not something to improvise. It requires local legal expertise, a strategy tailored to the debtor (individual, company, or bankrupt entity), and full mastery of remote legal procedures. With the help of a Polish lawyer, your claim can be recovered efficiently, quickly, and in full compliance with Polish law.

Contact an experienced Polish debt recovery lawyer today to defend your interests.

Dr. Joanna Susło, Lawyer in Poland
Email: [email protected]
WhatsApp (24/7): +48 668 841 990

Dr Joanna Suslo, Attorney-at-law

E-mail: [email protected]

Mobile WhatsApp 24/7: + 48 668 841 990

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Lawyer in Poland