Lack of Payments in Transport Services – Why the Quick Involvement of a Polish Lawyer is Crucial?

In the transport industry, one of the most common problems is the lack of timely payments for services rendered. Transport companies, both small and large, often struggle with payment delays from Polish contractors, which can lead to serious financial consequences. In such situations, the quick intervention of a Polish lawyer may be crucial for securing the entrepreneur’s interests.

Causes of the Problem

Unpaid transport payments by Polish companies can result from various reasons, including:

• Financial problems of the Polish contractor – companies may experience financial difficulties causing payment arrears.
• Negligence and lack of organization – some businesses do not prioritize timely payments.
• Intentional delays – some entities use payment delays as a financial strategy, holding onto cash longer and hoping that the company providing the transport service will miss the deadline for claiming payment, causing the claim to become time-barred.
• Disputes over service execution – some Polish contractors try to avoid payment by citing alleged irregularities in the service provided.
• National and international legal regulations – only a lawyer can professionally advise on which legal provisions should apply in a given case. Many transport contracts have an international dimension. For example, if the loading and delivery locations were in different countries (France – Poland), the case falls under the Convention on the Contract for the International Carriage of Goods by Road (CMR) and the Protocol of Signature, drafted in Geneva on May 19, 1956.

Consequences for Transport Companies

Lack of timely payments can lead to serious financial problems for transport businesses, including:

• Cash flow issues, making it difficult to meet their own obligations.
• The need to take out loans to maintain operations.
• Operational downtime due to lack of funds for fuel, driver salaries, or vehicle maintenance.
• Risk of bankruptcy in extreme cases.

Why is the Quick Action of a Polish Lawyer Important?

In cases of payment recovery issues, the quick intervention of a Polish lawyer can significantly increase the chances of resolving the case effectively. Here are some reasons to consult a lawyer as soon as possible:

1. Quick debt collection – a professional lawyer can immediately take collection actions, increasing the chances of recovering money without going to court. Some cases may even be handled by an online court in Poland.
2. Professional payment demands – a lawyer can prepare appropriate demands for payment, which are often more effective than standard reminders.
3. Negotiations with the debtor – a lawyer can attempt an amicable settlement, speeding up the payment process. Mediation can also be an option, and lawyers from SOS Legal are certified mediators.
4. Court representation – if legal proceedings are necessary, a Polish lawyer can prepare and lead the case, increasing the chances of a favorable verdict.
5. Securing the company’s interests – an experienced lawyer can advise on how to effectively secure future transactions through contracts, promissory notes, or bank guarantees.

Statute of Limitations in Transport Contracts

Transport claims have very short limitation periods, some as short as six months, making it crucial to act quickly against the debtor. According to Article 32 of the CMR Convention, claims arising from transport services subject to the Convention are time-barred after one year. However, in cases of willful misconduct or negligence equivalent to intent, the limitation period extends to three years.

How to Prevent Payment Issues?

To avoid payment problems, it is worth following a few key principles:

• Verifying contractors – checking the financial credibility of clients before cooperation through VAT white lists, the National Court Register, and the CEIDG database. Our lawyer can search these databases for you.
• Drafting precise transport orders – well-prepared contracts protect company interests and set clear rules for cooperation.
• Monitoring payment deadlines – regularly tracking obligations helps quickly respond to arrears and remind contractors of outstanding payments.
• Debt insurance – insurance policies can protect against contractor insolvency, though they tend to be costly.

Conclusion

Lack of timely payments in transport services is a serious threat to companies in the industry. Prompt legal action and cooperation with a lawyer can significantly improve the chances of recovering debts and avoiding prolonged financial difficulties. Therefore, any transport company working with Polish firms should have a trusted Polish lawyer to help effectively enforce their rights.

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