Enforcement in Poland – from Judgment to Payment

Which titles are enforced in Poland?

• Polish titles: judgments and payment orders with an enforcement clause, notarial deeds with a submission to enforcement.
• Judgments from EU member states (Brussels Ia Regulation): enforced in Poland without an exequatur procedure (for proceedings instituted on or after 10 January 2015). You need a copy of the judgment, the certificate under Art. 53 Brussels Ia and, where required, a translation.
• European Enforcement Orders, European Payment Orders, Small Claims judgments: also directly enforceable.

What can the komornik seize?

• bank accounts, including through a central electronic bank enquiry,
• the debtor's receivables from its own customers,
• movable assets, vehicles, machinery,
• real estate (judicial auction),
• shares and other property rights.

The komornik can obtain information from authorities and registers. On application, the debtor can be ordered to make a declaration of assets (wyjawienie majątku).

Attaching accounts before judgment

• Polish interim relief: the court orders security (e.g. account attachment) if the claim is plausible and there is a legitimate interest in securing it.
• Payment order in the documentary procedure: immediately acts as a security title.
• European Account Preservation Order (Regulation 655/2014): accounts in Poland can be frozen by an order obtained in another member state, while preserving the element of surprise.

Common mistakes

• a title without the Art. 53 certificate or without a translation → delays,
• incorrect identification of the debtor (legal form, KRS number),
• an enforcement application that names no specific assets → slow start,
• waiting too long → assets are moved.

If enforcement fails

If enforcement against a Polish limited liability company (sp. z o.o.) is unsuccessful, the management board members may be personally liable (Art. 299 of the Commercial Companies Code, → Director liability (Art. 299 CCC)). Other options are challenging asset transfers (skarga pauliańska, actio Pauliana) or filing a bankruptcy petition.