Debt Collection in Poland – How Foreign Companies Recover Their Money

The four stages of debt recovery in Poland

1. Amicable (pre-litigation) collection

A lawyer's formal demand for payment in Polish (wezwanie do zapłaty) with a clear deadline often achieves more than a third reminder in English or German. At this stage you can also agree instalment plans, a written acknowledgment of debt or additional security (e.g. a promissory note or a notarial submission to enforcement). A written acknowledgment also interrupts the limitation period.

2. Court proceedings

If payment still does not arrive, the quickest route is usually a payment order (nakaz zapłaty): under Polish order-for-payment procedures or as a European Payment Order. If the debtor disputes the claim, the case proceeds before the commercial division of a Polish court. → see Payment orders

3. Enforcement

With an enforceable title, the creditor instructs a court enforcement officer (komornik). This is a public officer who runs their own practice and can seize bank accounts, receivables and other assets. Judgments from other EU member states are, as a rule, enforceable in Poland without a separate recognition procedure. → see Enforcement in Poland

4. Insolvency and restructuring

If the debtor is insolvent, everything moves into bankruptcy or restructuring proceedings. What matters then is short deadlines, above all the 30-day deadline for filing claims, and active participation in votes on an arrangement with creditors. → see Claim filing and Restructuring

What is different in Poland?

• Language: Pleadings, exhibits and claim filings generally have to be in Polish. Foreign documents often need a sworn translation.
• Statutory late-payment interest in B2B transactions: National Bank of Poland (NBP) reference rate plus 10 percentage points. There is also a flat compensation of EUR 40, 70 or 100 per commercial transaction (in practice usually per invoice), depending on the amount.
• Costs: Pre-litigation legal fees are recoverable from the debtor only to a limited extent. Court costs are generally borne by the losing party.
• Strict preclusion in commercial cases: Evidence must be submitted early and in full. Adding evidence later is restricted.
• Many restructurings: A large share of corporate insolvencies in Poland run through restructuring proceedings, in which creditors vote on haircuts and instalment plans.

Why a firm focused on restructuring and insolvency?

Many collection cases eventually turn into the debtor's insolvency. Within a few weeks it is then decided whether, and how much, the creditor recovers. In insolvency matters, advocate (adwokat) Kamil Janko works in a team with a licensed restructuring adviser. This lets us handle a case from the first demand letter to the vote on a restructuring arrangement. We work with clients in English.