Debt collection in Poland

Poland is Central Europe's largest economy and a major B2B trading partner for firms across Western Europe, Scandinavia, and the UK. With GDP growth consistently outperforming EU averages and a rapidly modernising legal system, Poland has become both an opportunity and a challenge for international creditors. The opportunity: a fast, digital enforcement system that processes hundreds of thousands of payment orders annually. The challenge: a legal framework that operates entirely in Polish, with jurisdiction-specific procedural requirements that catch foreign creditors off guard.

The Legal Framework

Polish debt collection law operates under the Kodeks Cywilny (Civil Code) and the Kodeks Postępowania Cywilnego (KPC — Code of Civil Procedure). Commercial transactions are additionally governed by the Ustawa o Przeciwdziałaniu Nadmiernym Opóźnieniom w Transakcjach Handlowych (Act on Combating Excessive Delays in Commercial Transactions), which implements the EU Late Payment Directive and provides the statutory interest framework.

Statutory interest on commercial transactions runs at the NBP (National Bank of Poland) reference rate plus 10 percentage points. As of current rates, this produces a statutory default interest significantly above Western European averages — a powerful incentive for Polish debtors to settle before litigation compounds the balance.

The EPU: Poland's Digital Payment Order

The Elektroniczne Postępowanie Upominawcze (EPU) is Poland's flagship instrument for undisputed commercial claims. Administered by the VI Wydział Cywilny Sądu Rejonowego Lublin-Zachód (the e-Court in Lublin), the EPU handles claims of any value through a fully electronic platform. Filing is online, fees are reduced by 75% compared to standard court proceedings, and the court issues a Nakaz Zapłaty (payment order) without oral hearing or debtor notification at the filing stage.

The debtor receives the Nakaz Zapłaty by post and has 14 days to file a Sprzeciw (objection). If no objection is filed, the Nakaz Zapłaty becomes final and enforceable — a Tytuł Wykonawczy with a court-appended Klauzula Wykonalności (enforceability clause). The creditor then proceeds directly to the Komornik (bailiff) for execution.

For foreign creditors, the EPU is transformative. A claim that would take months through traditional court proceedings is processed in weeks. However, the filing must be in Polish, with the debtor's Polish address and identification data (NIP or REGON number). Missing or incorrect data causes automatic rejection. Our Poland desk handles EPU filings daily — correct format, correct data, correct jurisdiction.

Standard Court Proceedings: Postępowanie Nakazowe and Upominawcze

When the EPU is not suitable — typically for contested claims or where documentary evidence is complex — Polish law provides two additional fast-track procedures:

The Postępowanie Nakazowe (order for payment proceedings) under Articles 484-497 KPC is available when the creditor holds a signed document acknowledging the debt: an accepted invoice, a bill of exchange (Weksel), a bank confirmation, or a written acknowledgement. The court issues a Nakaz Zapłaty based on documents alone. The debtor can file a Zarzuty (objection), but must deposit the full claim amount or provide security — a mechanism that discourages frivolous opposition.

The Postępowanie Upominawcze (admonition proceedings) under Articles 497¹-505 KPC is the standard procedure for claims where the creditor's documentation makes the claim "sufficiently plausible." The court issues a Nakaz Zapłaty, and the debtor has 14 days to file a Sprzeciw. If objected, the case transfers to ordinary proceedings.

Enforcement: The Komornik

Once a Tytuł Wykonawczy is obtained, enforcement proceeds through the Komornik Sądowy (judicial bailiff). The Polish Komornik system was reformed and privatised, creating a competitive enforcement market. Komorniks operate as independent officers of the court with broad powers: bank account seizure (Zajęcie Rachunku Bankowego), wage garnishment (Zajęcie Wynagrodzenia), seizure of receivables (Zajęcie Wierzytelności), and forced sale of assets (Licytacja).

The Komornik's fee is typically 10% of the recovered amount (with caps), paid by the debtor. This cost-shifting mechanism means the creditor's enforcement costs are largely borne by the debtor — a significant advantage in the Polish system.

A critical practical point: the creditor can choose any Komornik in Poland, not just the one in the debtor's jurisdiction. This allows selection of the most efficient and experienced Komornik for the claim type and debtor location.

The Weksel: Poland's Secret Weapon

The Weksel (bill of exchange / promissory note) remains a powerful instrument in Polish commercial practice. Unlike most Western European jurisdictions where bills of exchange have fallen into disuse, the Polish Weksel — governed by the Prawo Wekslowe (Bills of Exchange Act of 1936) — is still widely used as payment security in B2B contracts.

A Weksel in Blanco (blank promissory note), properly issued with a Deklaracja Wekslowa (bill declaration), entitles the creditor to Postępowanie Nakazowe with the debtor required to deposit the full claim to object. If your contract with a Polish counterparty includes a Weksel, enforcement is almost automatic.

Cross-Border Considerations

As an EU member, Poland fully implements the European Enforcement Order (EEO), European Order for Payment (EOP), and European Small Claims Procedure (ESCP). These instruments allow EU creditors to enforce uncontested claims in Poland without exequatur proceedings — a significant procedural shortcut.

For non-EU creditors, recognition of foreign judgements requires a separate proceeding before the Sąd Okręgowy (regional court) under Articles 1145-1153 KPC. Bilateral treaties with certain states may simplify this process.

Need to collect a debt in Poland? Contact us with your case details and we will confirm our approach within 24 hours.