Civil law
Not every contract goes to plan. If the other side does not pay or fails to perform its obligations, it is worth checking as soon as possible what steps you can take.
When it is worth getting in touch
You do not have to be certain that you are right. It is enough that the matter is starting to cost you money, time or peace of mind.
- Payment claims. I handle cases in which a business partner fails to settle invoices or questions the scope of the work performed.
- Contracts. I draft, review and negotiate contracts.
- Damages. I handle cases concerning damage to property and claims arising from improper performance of an obligation.
- Protection of personal rights. I handle cases concerning infringement of a person’s good name or of the personal rights of a business.
How I run a case like this
Conversation and assessment
The first conversation makes it possible to assess whether further steps are worth taking. I speak openly about the chances, the risks and the costs. If it turns out that the cost of the proceedings may be higher than the amount that can realistically be recovered, you will hear about it straight away.
An attempt without the court
First I send a formal payment demand or enter into negotiations, provided that this is justified in the given case. Such steps often make it possible to end the dispute faster and at a lower cost than court proceedings.
Court proceedings
If the other side is unwilling to reach an agreement, I prepare the statement of claim and run the case through to the judgment. I represent you at the hearings and keep you informed about every important stage of the proceedings.
Enforcement
A judgment on its own does not yet mean that the money will reach your account. First an enforcement clause has to be obtained, and then the case has to be referred to a court bailiff. I conduct the enforcement proceedings and oversee them through to the end.
What it costs
There are two forms of billing to choose from: an hourly rate or a flat fee agreed up front. We settle the form before the work starts, not along the way.
If the case goes to court, the court fee on the statement of claim has to be taken into account. In payment cases its amount depends on the value of the claim pursued, while in certain other cases a fixed fee applies. Before we file the claim, I will explain to you precisely what cost you need to reckon with.
If you win, you may seek reimbursement of the costs of the proceedings from the other side, including the costs of legal representation. You need to bear in mind, however, that the court sets their amount on the basis of the rates laid down in the regulations, and not on the basis of the full fee agreed with your attorney. In practice the amount awarded may therefore cover part of my fee, but not always all of it.
Winning the case likewise does not mean that the money will appear in your account straight away. Both the recovery of the awarded costs and the effectiveness of enforcement depend above all on whether the other side holds assets from which the debt can be enforced.
Frequently asked questions
Do I have to travel to Poland to run a civil case?
Usually not. In most civil and commercial cases, I can represent you before the Polish court under a power of attorney and handle the proceedings on your behalf. Your personal participation may be required in some cases, for example if the court wants to hear you as a party, but this can often be planned in advance.
My contract with a Polish company says Polish law applies. What does that change for me?
It means that Polish law will normally govern issues such as interpretation of the contract, performance, liability, remedies and limitation periods. A choice of Polish law does not automatically mean that only Polish courts have jurisdiction. Governing law and jurisdiction are separate issues. The contract should therefore be checked for both a governing-law clause and a dispute-resolution clause.
What is the Polish Civil Code and does it apply to my contract?
The Polish Civil Code is the main statute governing private-law relationships, including most B2B contracts. If Polish law governs your agreement, the Civil Code will usually apply together with any specific legislation relevant to the transaction. Many Civil Code rules can be modified by contract, but mandatory provisions cannot be excluded.
How long do I have to bring a claim in Poland?
The general limitation period is six years, while claims connected with business activity and recurring payments are generally subject to a three-year period. Some claims have shorter or different statutory periods, so the type of contract and claim must always be checked separately. For limitation periods of two years or more, the period normally expires at the end of the relevant calendar year.
Can you work with documents in Polish if I do not speak the language?
Yes. I can review Polish contracts, correspondence and court or administrative documents while communicating with you in English. Proceedings before Polish courts and authorities are generally conducted in Polish, and foreign-language documents may require a Polish translation, sometimes by a sworn translator.
Blog: Civil law
All articles-
A business partner is not paying. What to do in the first 30 days
Work out the limitation period first: for the sale of goods it is 2 years, not 3. Then one specific demand, the interest and the compensation. -
A contractual penalty in a construction works contract. When it can be reduced
A penalty for delay in payment is invalid (Article 483 § 1 of the Civil Code), and a grossly excessive one may be lowered by the court. But the application has to be made. -
Limitation in B2B. Three years is only the rule, and the exceptions are expensive
Sale of goods: 2 years. Services and mandate contracts: 2 years. Contract for specific work: 2 years. Carriage: one year. Before you calculate the period, check what kind of contract it was.
Describe your case in three sentences. I will tell you whether I can help.
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