Litigation in Poland and debt recovery in Poland
Our Law Firm in Poland provides Clients with all available legal ways of recovering funds in Poland. In General debt recovery can be divided into two stages:
Prejudicial amicable proceedings in Poland
Our Law Firm in Poland recommends starting of resolving any disputes from amicable proceedings. This is the first stage in debt collection. Our wide experience and authority in resolving disputes at amicable way may save our Clients time and funds of court proceedings.
Under amicable proceedings. We usually send official “Attorney letter” on behalf of our Client to debtor with demands under the pain of bringing action before court. The debtor is also contacted several times through official summon in writing, telephone and email. We also meet debtor in person trying to reach a settlement i.e. paying the claim in equal installments or paying later the whole amount of the due amount. Next, we contact our Client and present results of negotiations with debtor for approval.
2. Negotiations regarding mutual concessions. In such scenarios, we contact you and present proposals to your approval. If other site does not declares to cooperate or the terms of settlement are unacceptable for you we can bring action before the court.
3.Lack of response.
If other site does not declares will to cooperate or the terms of settlement are unacceptable for our Client we recommend moving to the second stage of debt recovery – litigation.
Litigation in Poland
First of all, it has to be outlined that positive court ruling is the only way to start enforcement proceedings and execution from debtor assets. There is not any other legal possibility to force debtor to solve his obligations.
Moreover you have to be advised that only licensed attorneys-at-law may represent you in litigation before court in Poland.
Before bringing action before court in Poland it is necessary to examine by us in detail factual background of the relationship with your contractor, all related documents – agreements, invoices, orders, mails, consultations etc. We have to also analyze time limitation period for claiming funds.
After examination of case we present Client our opinion in regard of chances of wining/loosing case.
During whole court proceedings our Clients are provided with periodic update report concerning status of its case.
You have to be also advised that initiating court proceeding in Poland is connected with court fee in the amount of 5% of the value of claim. In winning scenario court fee is refunded by loosing party.