How to Recover a Debt from a Polish Company

Issued an invoice to a Polish contractor, the payment deadline has passed, and the money still hasn't turned up? Recovering a debt from a company in Poland follows a procedure with clearly defined stages: from an amicable demand letter, through a court payment order (often issued via the simplified e-Court), to bailiff enforcement. The good news for Poles living in the UK: you don't need to travel to Poland or appear in court in person — the whole process can be handled on your behalf by a Polish advocate or legal counsel (adwokat or radca prawny) acting under a power of attorney.

This guide takes you step by step through recovering a debt from a Polish company — what to do first, how the e-Court works, when order-for-payment proceedings pay off, and what enforcement looks like once you hold an enforceable title.

This guide is general legal information, not legal advice. How the rules apply depends on your individual circumstances, and the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa helps you organise the documents for that assessment.

Step 1: Letter before action and the amicable stage

Before a case reaches court, it's almost always worth sending the debtor a letter before action (wezwanie do zapłaty) — and in many cases it's a formal requirement. This letter should:

• state the exact amount owed and its basis (e.g. invoice number, contract) and when it fell due,
• set an additional deadline for payment (typically 7–14 days),
• warn that the matter will proceed to court if there's no response.

The letter serves two purposes. First, it often works — the debtor sees the matter is becoming serious and pays up to avoid court costs. Second, it builds your paper trail: in court proceedings, proof that the letter was delivered can matter, and in some routes (for example, a payment order based on the debtor's acknowledgement of the debt) it's essential. Send it by registered post with proof of delivery, or by any method that lets you demonstrate it was received.

At this stage it's also worth adding the statutory interest for late payment in commercial transactions and the fixed compensation for debt recovery costs (€40, €70 or €100). These are entitlements a business is owed by law — we cover the details in a separate guide linked below.

Step 2: e-Court (EPU) — the fastest route to a payment order

If the debtor doesn't respond, the most popular route for money claims is electronic order-for-payment proceedings (EPU – elektroniczne postępowanie upominawcze), run by the District Court Lublin-Zachód in Lublin, commonly known as the "e-Court". It's governed by Section VIII of the Polish Code of Civil Procedure (Kodeks postępowania cywilnego, Articles 505²⁸ onwards).

Key features of EPU:

• Fully online — the claim, evidence and all correspondence with the court run through the e-Court portal, with no paper filings. This makes it ideal for running a case from abroad.
• Lower court fee — the fee for filing a claim through EPU is 1.25% of the claim value (minimum 30 PLN), a fraction of the standard 5% fee.
• Fast payment order — the court issues the payment order without a hearing, based on the claim as pleaded.

There are limits to bear in mind. EPU can only be used for claims that fell due within the three years before the claim is filed (Article 505²⁹ᵃ of the Code of Civil Procedure). EPU also works best for undisputed debts: if the defendant lodges an objection, the payment order lapses and the case moves to ordinary proceedings before the competent court. That's why the e-Court is so effective where the debtor isn't disputing the debt — they're simply not paying.

Step 3: Order-for-payment and writ-of-payment proceedings (the "paper" route)

When your claim is well documented, or when you want additional security, consider classic order-for-payment proceedings (postępowanie nakazowe) or writ-of-payment proceedings (postępowanie upominawcze) before a district or regional court.

Order-for-payment proceedings (Article 485 of the Code of Civil Procedure) is a powerful tool. The court will issue a payment order if you can prove the claim with, for example:

• an official document,
• an invoice or bill accepted by the debtor (an invoice the contractor has acknowledged can qualify),
• a letter before action together with the debtor's written acknowledgement of the debt,
• a properly completed promissory note or cheque.

The order-for-payment route has a double advantage: the court fee is only a quarter of the standard fee, and the moment it's issued the order itself becomes a security title (tytuł zabezpieczenia), enforceable without needing an enforcement clause — so you can secure the debtor's assets before the judgment even becomes final.

Writ-of-payment proceedings are the general route for money claims — the court issues a payment order based on the claim as pleaded, and the defendant has the right to object. This is the more flexible option when you don't hold a document that opens the order-for-payment route.

Step 4: Finality and the enforcement clause

A payment order or judgment on its own isn't the end of the road. Before you can start enforcement, the ruling must become final (i.e. the debtor hasn't successfully objected or appealed within the deadline), after which the court attaches an enforcement clause (klauzula wykonalności). Only once the ruling carries that clause does it become an enforceable title (tytuł wykonawczy) — the document that lets you open bailiff enforcement.

In EPU, the enforcement clause is added automatically, in electronic form, which speeds things up further and makes it easier to manage the whole process remotely.

Step 5: Bailiff enforcement

With an enforceable title, you apply to a court bailiff (komornik sądowy) to open enforcement. The bailiff can, among other things:

• freeze the debtor's bank accounts,
• seize receivables owed to the debtor (e.g. amounts its own contractors owe it),
• seize movable property and wages,
• enforce against real estate.

Note that for several years now creditors have had a wider choice of bailiff, within the bounds of the relevant appellate region — useful if you know where the debtor's assets are located. How successful enforcement is naturally depends on whether the debtor has anything to pay from — so the sooner you act, the better. Also keep limitation periods in mind: claims become time-barred, and enforcing a time-barred debt against a company can fail. We cover the rules on limitation periods in a separate article linked below.

Running debt recovery remotely from the UK

Living in England while the debtor and the court are in Poland? That's no obstacle. Polish civil procedure allows you to act through a representative — an advocate or legal counsel (adwokat or radca prawny) based in Poland.

In practice it works like this:

1. Power of attorney. You sign a power of attorney (pełnomocnictwo procesowe) for your chosen lawyer. It can be prepared and signed by post; when signing from abroad, having your identity confirmed by a notariusz (Poland's civil-law notary — not the same role as a UK notary public) can help, though for many cases a simple written form is enough.
2. A full set of documents. You send scans of invoices, contracts, correspondence and proof that the letter before action was delivered. Most of this happens by email.
3. e-Court online. EPU is fully electronic — your representative runs the case through the portal, and you never need to appear anywhere.
4. A Polish address for service. Your representative provides their own address as the correspondence address for the court, which removes the problem of serving documents abroad.
5. Enforcement. Your representative also files the application with the bailiff and supervises enforcement — without you needing to be physically present in Poland.

That means the whole journey — from the letter before action, through the payment order, to the bailiff — can be completed without leaving the UK. The Twoja Sprawa platform matches you with an advocate or legal counsel in Poland and helps organise the paperwork and power of attorney.

Frequently Asked Questions

How long does it take to recover a debt from a Polish company? It depends on how the debtor responds. An undisputed payment order through the e-Court can be issued within a few weeks; if the debtor objects, the case moves to ordinary proceedings and can take many months. Once the title is final, add the time needed for bailiff enforcement.

Do I need to travel to Poland? No. Your case is handled by a representative under a power of attorney, and EPU is fully online. Most cases can be managed entirely by post and email from the UK.

How much does it cost to file a claim with the e-Court? The fee for filing a claim through EPU is 1.25% of the claim value, minimum 30 PLN. In order-for-payment proceedings, the fee is a quarter of the standard fee. These figures are illustrative — the final cost depends on the size of the claim.

What if the debtor disappears or has no assets? The bailiff traces the debtor's assets (bank accounts, receivables, movable property). If there are no assets, enforcement may prove ineffective, but the enforceable title remains valid and enforcement can be resumed later if the debtor's situation changes.

Can I claim interest and recovery costs? Yes. In B2B relationships you're entitled to statutory interest for late payment in commercial transactions plus the fixed compensation (€40/€70/€100). It's worth including these in both the letter before action and the claim.

Related articles

• Interest on late payment in commercial transactions (in Polish) — how much it is, how to calculate it, and how to add the compensation.
• Limitation periods for claims between companies (in Polish) — check whether you're still in time to pursue the debt before it becomes time-barred.

Sources and legal basis

• Code of Civil Procedure (ISAP — Sejm) (in Polish) — including Article 485 (order-for-payment proceedings) and the provisions on electronic order-for-payment proceedings (Articles 505²⁸ onwards).
• E-Court / Electronic Order-for-Payment Proceedings (court portal) (in Polish) — information on EPU and filing a claim online.

Disputes with a company — practical guides (before the matter reaches court): - A company didn't deliver a service — how do I get my money back? - A company is ignoring your complaint — a step-by-step letter before action - How to put together an evidence pack for a dispute with a company