Debt Collection in Poland for Foreign Companies

If a Polish contractor has not paid your invoices, you have several ways to recover the money - and you do not need to be in Poland to do it. As an attorney-at-law (radca prawny) in Wroclaw, I act for foreign companies and creditors, from the first demand through court to enforcement, communicating in English.

This is a general overview of the main routes. Which one fits best depends on the amount, the documents you have, where the debtor is based and whether the debt is disputed, so it is worth assessing the case before choosing.

Start with a demand for payment

In most cases the first step is a formal demand for payment (wezwanie do zaplaty). It sets a deadline, signals that court action will follow, and is often enough to prompt payment or open negotiations. A demand coming from a Polish lawyer tends to carry more weight with a Polish debtor than reminders sent from abroad.

Court payment order in Poland

For documented, undisputed claims, a Polish court can issue a payment order (nakaz zaplaty) in a relatively simple procedure. There is also an electronic writ-of-payment procedure handled online by a dedicated e-court. It can be quick, but it generally fits situations where the debtor's address for service is in Poland, so it is not suitable for every cross-border case. Where the claim is larger or disputed, an ordinary lawsuit before the competent court is the route.

The European Order for Payment

For cross-border claims within the EU there is a dedicated tool: the European Order for Payment, based on an EU regulation (Regulation (EC) No 1896/2006). It is designed for uncontested civil and commercial claims - typically unpaid invoices - where the parties are in different member states (the procedure applies across the EU with the exception of Denmark).

In outline, the creditor files a standard application form; if it meets the requirements, the court issues the order; and if the debtor does not oppose it within the time allowed, it becomes enforceable and can, as a rule, be enforced in other EU countries. If the debtor lodges an opposition, the matter generally continues as ordinary court proceedings. For smaller cross-border claims, a separate European small-claims procedure may also be an option.

Enforcement

An order or judgment is only useful if it can be enforced. Once you have an enforceable title, enforcement in Poland is carried out by a court bailiff (komornik), who can pursue the debtor's bank accounts, receivables and assets. Choosing the right basis for enforcement, and acting without unnecessary delay, improves the chances of actually recovering the money.

Watch the limitation periods

Claims do not last indefinitely. Before filing, it is important to check not only the payment due date but also whether the limitation period has already run or has been interrupted (for example by an earlier court or enforcement step, mediation, or the debtor's acknowledgement of the debt). Acting in good time protects the claim.

Acting for you from abroad

Foreign creditors can pursue a Polish debtor without travelling to Poland. Under a power of attorney, I can send the demand, run the court procedure, obtain the title and instruct the bailiff - keeping you informed in English at each stage.

Need help with a company in Poland?

The first review of your case is free of charge. Tell me briefly what you need and I will explain your options and the next steps - in English.

Call +48 693 70 70 78 Email the office

Frequently asked questions

Can I recover a debt from a Polish company without coming to Poland?

Yes. A foreign creditor can act through a Polish attorney under a power of attorney, from the demand for payment through court proceedings to enforcement by a bailiff. Your presence in Poland is generally not required.

What is the European Order for Payment?

It is an EU procedure (under Regulation (EC) No 1896/2006) for uncontested cross-border civil and commercial claims, such as unpaid invoices, where the parties are in different member states. If the debtor does not oppose the order in time, it generally becomes enforceable and can be enforced in other EU countries.

What is the difference between the Polish payment order and the European one?

The Polish payment order (including the online e-court procedure) is used within the Polish court system and the electronic route generally fits where the debtor's address for service is in Poland. The European Order for Payment is designed for cross-border claims between parties in different EU member states. Which is appropriate depends on where the debtor is and the nature of the claim.

How long do I have to pursue the claim?

Claims are subject to limitation periods, which depend on the type of claim and can be interrupted by certain steps. Because an expired limitation period can defeat an otherwise valid claim, it is important to check the timing early and act without unnecessary delay.

What documents help the case?

Generally the contract or order, the invoices, proof of delivery or performance, and any correspondence or acknowledgement of the debt. Well-documented, undisputed claims are usually the fastest to turn into an enforceable title.

This article is general information and does not constitute legal advice. Every case is different - please consult a lawyer about your specific situation.