A Polish Company Ignoring Your Complaint? When to Send a Formal Payment Demand
You sent a proper complaint — logged, specific, backed by evidence. You waited a week... two weeks... nothing. Radio silence. Or worse: you got a reply that simply rejects the complaint for no reason that holds up. What's your next move? Do you go straight to a wezwanie do zapłaty (formal payment demand)? What exactly does that involve, and when is it too early?
This guide is general legal information, not legal advice. How the rules apply depends on your contract, your evidence and the circumstances — and on whether the matter is consumer, civil or business-to-business. If you need advice or representation, the matter should be assessed by a qualified Polish lawyer or another appropriate specialist. Twoja Sprawa helps you organise the documents for that assessment.
Silence vs. an unjustified rejection — why the procedure differs
When a company stays silent on your complaint, this is generally treated as a failure to meet your request. It's a different scenario from an outright "no" — and, in some ways, a worse one for the company.
- An outright rejection — the company writes back "we do not accept your complaint because…" and gives a reason. At least you know what you're arguing against, and you can challenge it point by point.
- Silence — the company ignores you, doesn't reply, acts as if it never received anything. Here you're actually in a stronger position — you can show you have proof of delivery, while the company simply failed to respond. Courts tend to take a dim view of that.
In both cases you can move on to a formal payment demand — but the groundwork differs.
What to do when a company doesn't respond
Step 1: A second complaint
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Request a free initial assessmentBefore jumping to a formal demand, send a second complaint — this time firmer in tone. For example:
Warsaw, [date]
SECOND NOTICE TO REMEDY THE DEFECT / SECOND DEMAND FOR REDRESS
To: [company name], [address]
Further to my complaint dated [date of first complaint] — sent to [delivery address] — I note that the company has not responded within the agreed timeframe. The complaint set out the following requests:
- Remedy the defect within 7 days.
- If that is not possible — a price reduction of [%] or a refund of the payment made.
- Compensation for the cost of repair by another company (per the attached invoice: [amount]).
I hereby call on you to: - (A) Respond to my complaint in writing — confirming receipt and giving a date for the repair, or - (B) Pay the sum of [amount] as a refund within 7 days of the date of this letter.
Should there be no response within the deadline set, I will be forced to take legal steps, including a claim for the costs of court proceedings and legal fees.
[Signature, date]
Send it the same way as the original complaint — recorded delivery, an email with a read receipt, or by courier. Then wait a further 7 days.
Complaint vs. formal payment demand — the key difference
This distinction matters, because it changes your legal footing.
| Complaint (reklamacja) | Formal payment demand (wezwanie do zapłaty) | |
|---|---|---|
| Purpose | Flags a defect, asks for repair or redress | Demands a specific sum of money |
| Form | A letter or email — more descriptive | A precise figure: "I demand PLN 5,000" |
| Deadline | Generally 7–14 days to respond | 7–14 days to pay |
| If ignored | The company can claim "we didn't know what you wanted" | If ignored, you have proof that you attempted amicable resolution before suing (Art. 187 of the Polish Civil Procedure Code, KPC, requires this) |
| Next step | Formal payment demand | Court claim for payment |
Important: Article 187 KPC requires a claimant to show, in the statement of claim, that they attempted an amicable resolution before suing. A formal payment demand serves as that attempt. Without one, the claim may be rejected on procedural grounds.
When does a formal payment demand make sense?
A demand letter is worth sending when:
- The amount is clear — you know precisely what the company owes you (e.g. a PLN 5,000 refund).
- Your evidence is solid — you have the contract, proof of payment, documentation of the defect, an expert opinion.
- The company has had its chance — you've asked at least once for the work to be put right (the complaint), and it either stayed silent or refused.
- The sum justifies it — above a few hundred zloty; below that, court costs may not be worth it.
Unlike a complaint asking for a repair, a formal payment demand should include:
- A precise figure — not "several thousand zloty or so", but "exactly PLN 5,000" (or a figure broken down clearly: PLN 3,000 refund + PLN 1,500 for repair by another company + PLN 500 for stress and lost time = PLN 5,000).
- Payment details — an account number if you have one; if not, state you will accept a transfer to any account you specify.
- A deadline — a specific date, e.g. "payment is required by 10 July 2026."
- A statement — that you will file a court claim if payment is not made.
Sample formal payment demand (wezwanie do zapłaty)
Warsaw, 26 June 2026
FORMAL PAYMENT DEMAND
To: ABC Remontowa Sp. z o.o. ul. Malwowa 12, 00-100 Warsaw
Pursuant to Article 471 of the Polish Civil Code (Kodeks cywilny), I hereby demand payment of PLN 5,000 (five thousand zloty) within 7 days of receipt of this letter.
Grounds: - Contract for bathroom renovation dated 10 June 2026, no. [contract number, if any]. - Amount paid: PLN 5,000 (proof of transfer dated 10 June 2026, account XXX). - The work carried out was not in accordance with the contract — the defects were not remedied (gaps in the grouting, uneven ceiling paintwork). - Complaint sent on 12 June 2026 (by recorded delivery; return receipt attached). - The company did not respond to the complaint and took no remedial action. - The defect prevents the bathroom being used as contracted.
Under Article 471 KC the company is liable for improper performance of the contract. As the company has not carried out any remedial work, I demand a full refund of the sum paid.
Breakdown: - Refund for the service: PLN 5,000
Account for payment: [account number, bank] Or: by transfer to my account (details to follow on confirmation)
Deadline: by 3 July 2026
In the absence of payment, or of confirmation of payment, within the deadline set, I will be forced to bring a claim for payment before the court with jurisdiction over my place of residence, including a claim for the costs of proceedings (court fee, legal fees, expert-opinion costs).
This letter constitutes my formal attempt at an amicable resolution of the dispute, in accordance with Article 187 of the Civil Procedure Code (KPC).
[Your name, address, phone, email] [Signature]
Enclosures: - Copy of the contract dated 10 June 2026 - Proof of payment (bank statement dated 10 June 2026) - Complaint dated 12 June 2026 + return receipt - Photographs of the defects (two of the ceiling, three of the grouting) — dated
Sending the demand — the method matters
Send it through the same channel as your complaint, but this time you may want to underline the formality even more:
- Recorded delivery (list polecony) — return receipt (available at Poczta Polska, roughly PLN 18–19, proof kept on the counterfoil).
- International recorded delivery, if the company is based abroad.
- Email with a read receipt — available in Gmail/Outlook, but this only works for a company that operates electronically; for a traditional postal address, use recorded delivery.
- Hand delivery — go in person, hand over the letter, and ask them to sign a copy as acknowledgement of receipt.
Proof of delivery is your protection — if the company later claims "we never received it", you can produce the return receipt or a screenshot of the read confirmation.
What happens after you send the demand?
- Wait 7–14 days for a response and payment.
- If they pay — confirm the payment and close the matter.
- If they don't pay but do respond — hear out why they say they "can't", and judge whether the argument has any merit.
- If they go silent again — this is the point at which you're entitled to move on to a court claim.
Common mistakes when sending a formal demand
- No precise figure — "I demand fair compensation." What does that mean? A court won't accept vague wording — state a number.
- No clear breakdown — not showing exactly how the total was calculated. Break it down: PLN 5,000 refund + PLN 2,000 for repair by another company = PLN 7,000 total.
- Sending without proof of delivery — "I sent a text message" is not enough. You need a return receipt, a read-confirmed email, or a signed acknowledgement of hand delivery.
- An unrealistic deadline — "payment within 60 days" will be seen by a court as far too generous; 7–14 days is standard.
- Aggressive language — avoid threats such as "if you don't pay I'll make your life difficult" or "I'll go to the press." That undermines your position rather than strengthening it.
Can a consumer ombudsman help?
Yes, if you are a consumer. You can contact your local county or municipal consumer ombudsman (powiatowy/miejski rzecznik konsumentów), who can:
- Send an intervention letter to the company.
- Mediate between you and the company, free of charge.
- Keep a record of the company's failure to engage.
This isn't a court process, but it creates a paper trail that will help later if you sue — showing that the company ignored even a public body.
A consumer ombudsman cannot help in business-to-business (B2B) disputes.
When to skip the demand and go straight to court
Sometimes a formal payment demand is simply a waste of time. You may go straight to a court claim if:
- The company is clearly insolvent — you know for certain there's no money there; waiting 7 days achieves nothing.
- It has already ignored a demand before — whether on this matter or another, and simply disregarded it.
- A lawyer advises the demand serves no purpose — in more complex cases, going straight to court can sometimes be the better route.
- Time is genuinely tight — if you're close to a limitation deadline, don't wait around for a demand to run its course.
Even so, Article 187 KPC requires you to show an attempt at amicable resolution — so even if you skip the formal demand, you'll need to explain in the claim why you concluded that an amicable resolution wasn't realistic.
Common mistakes after sending the demand
- Passivity — sending the demand and then waiting indefinitely without having set a firm deadline; always state a specific, reasonable payment date in the letter itself.
- Giving up too soon — silence from the company doesn't necessarily mean the matter is over; depending on the circumstances, you may still have further options (mediation, court).
- Not keeping evidence safe — a lost proof of posting or a missing confirmation email makes it much harder to pursue the claim later.
- Changing the amount claimed along the way — demanding one figure and then pursuing a different one later, without explanation, tends to confuse both the other side and the court.
Checklist: from complaint to court claim
- [ ] Send a first complaint in writing with proof of delivery.
- [ ] Wait 7–14 days for a response.
- [ ] If the company stays silent — send a second complaint (firmer in tone).
- [ ] Wait a further 7 days.
- [ ] If there's still no response — write a formal payment demand with a precise figure.
- [ ] Send the demand — by recorded delivery, email with read receipt, or in person.
- [ ] Keep all proof of delivery (return receipts, screenshots, photographs of the signed letter).
- [ ] Wait 7 days for payment.
- [ ] If payment isn't made — prepare a court claim (yourself or with a lawyer).
Frequently asked questions
Can I send a formal demand without having sent a complaint first? In principle, yes. But Article 187 KPC requires you to demonstrate an attempt at amicable resolution. A complaint counts as that attempt. Without one, you'll need to explain in the claim why you went straight to a demand — and that weakens your position.
How long does a company have to respond to a formal demand? A formal demand is a final request, not merely a polite ask. The usual deadline is 7–14 days. Anything shorter may be seen by a court as unrealistic; anything much longer is overly generous to the company.
What if the company pays only part of the amount (e.g. PLN 3,000 of PLN 5,000)? That counts as partial acknowledgement of the debt. Accept it, keep the payment, and pursue the remaining amount separately — either with a new demand or as a court claim for the outstanding PLN 2,000.
Can I send a formal demand by text message? No. A text message is an informal channel with no reliable proof of delivery. Always use a letter (recorded delivery, an email with read receipt, or hand delivery) — that way you have evidence.
What if the company sues me first (instead of waiting)? That's within its rights. You would then be the defendant and would need to put your case to the court — your own demand letter would be one of the documents you'd rely on.
Legal information verified as at 26 June 2026.
Related articles: - Paid for a service the company never delivered — how do you get your money back? (in Polish) - Service not delivered as agreed — how to complain step by step (in Polish) - Deposit or advance payment — what can you recover if the service was never delivered? (in Polish) - How to put together an evidence file for a dispute with a company (in Polish)