Debt recovery
The invoice was issued, the payment deadline has passed, and the business partner still neither pays nor replies. In such a situation it is worth acting quickly, before the claim becomes time-barred or the debtor disposes of the assets from which the money could effectively be recovered.
Four stages. We stop once the goal is reached
Debt recovery does not begin in court. Each successive stage takes longer and carries higher costs, which is why we work through them in order.
- Payment demand. I prepare a demand setting out the basis of the claim, the payment deadline and notice that the matter may be referred to court. Some cases end at this stage already.
- Statement of claim and order for payment. If the debtor still does not pay, I prepare the statement of claim. In simpler cases the court may issue an order for payment without a hearing. Where the claim is well documented, writ-of-payment proceedings may also be available, which offer wider scope for securing the debt. In suitable cases I also consider the electronic writ court.
- Hearing. If the debtor challenges the order for payment, the case goes to a hearing. What matters then is the evidence - among other things the contract, the orders, the handover protocols, the correspondence, confirmations that the service or delivery was performed, and witness testimony.
- Enforcement clause and enforcement. A final order for payment or judgment 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 through to their conclusion.
What is worth checking beforehand
Before we start, I check when the payment deadline passed and which documents evidence the existence of the debt - for example an invoice, a contract, an order, a handover protocol, correspondence or an acknowledgement of the debt.
In debt recovery, what counts is not only that the money is genuinely owed to you. Just as important is whether the claim can be proved efficiently and whether the debtor holds assets against which enforcement can effectively be carried out.
What it costs
You can choose one of two forms of billing: an hourly rate or a flat fee agreed up front. We settle the billing method before the work starts, so that it is clear from the outset what costs you need to reckon with.
In debt recovery the final cost depends on the stage at which the matter can be closed. A payment demand costs less than preparing a statement of claim, while court proceedings ending in enforcement involve more work and additional fees.
If the case goes to court, the court fee on the statement of claim has to be taken into account. Its amount depends on the value of the claim pursued and on the type of proceedings. Before we file the claim, I will tell you what fee will be appropriate in your case.
If you win, you may seek reimbursement of the costs of the proceedings from the debtor, including the costs of legal representation. As a rule, however, the court sets them according to 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 does not yet mean that the money will be recovered. The effectiveness of enforcement depends above all on whether the debtor holds assets from which the debt and the awarded costs can be enforced.
Frequently asked questions
A Polish company owes me money and has stopped replying. What are my options and what do they cost?
Debt recovery usually starts with verification of the claim and a formal demand for payment, followed, if necessary, by a court claim, enforcement by a bailiff and, where the debtor is insolvent, insolvency or additional liability proceedings. For claims up to PLN 20,000, statutory court fees range from PLN 30 to PLN 1,000 depending on the claim value; above PLN 20,000 the standard fee is 5% of the claim, capped at PLN 200,000. In qualifying proceedings for a payment order, the initial court fee may be lower; legal fees, translations, bailiff advances and other external costs are separate.
Do I need a lawyer, or is a debt collection agency enough?
For an undisputed invoice, a collection agency may sometimes be sufficient at the initial reminder stage. If the debtor disputes the contract, raises set-off or limitation arguments, or court proceedings become necessary, legal analysis and court representation are usually more important than repeated collection letters. Before starting recovery, I normally recommend checking both the legal strength of the claim and whether the debtor has assets from which payment can realistically be recovered.
What interest and compensation can I claim on a late B2B invoice in Poland?
For most commercial transactions, statutory interest for late payment is 13.75% per year from 1 July to 31 December 2026; the rate is 11.75% where the debtor is a public medical entity. A creditor may also claim statutory recovery compensation of EUR 40, EUR 70 or EUR 100 depending on the amount of the unpaid debt, converted into PLN under the statutory rules. Reasonable recovery costs exceeding that amount may also be recoverable in appropriate cases.
The Polish debtor seems to have no assets left. What can a creditor do?
The first step is to verify whether enforcement is genuinely ineffective and whether the debtor owns assets, receivables or other enforceable rights. Depending on the circumstances, further options may include insolvency proceedings, challenging transactions made to prejudice creditors or pursuing persons who may be personally liable. In the case of a Polish “sp. z o.o.”, Article 299 of the Commercial Companies Code may allow a claim against management board members if enforcement against the company proves ineffective.
How long does debt recovery in Poland usually take?
There is no single standard duration. An undisputed claim may result in a payment order relatively quickly, while a defended commercial case can take many months or longer, particularly if evidence, witnesses or expert opinions are required. Enforcement is a separate stage and its duration depends mainly on the debtor’s assets and cooperation.
My company received a debt collection letter from Poland. What should I do?
Do not ignore it, but do not acknowledge the debt before checking the claim. You should verify the contract, invoices, performance, payment history, limitation period, interest calculation and whether the creditor has addressed the correct legal entity. If the claim is disputed, a structured response at an early stage can be important, especially before Polish court proceedings are commenced.
Blog: Debt recovery
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 board member’s liability for company debts. Article 299 CCC without the jargon
The creditor only has to show that enforcement was ineffective. It is the board that must prove the bankruptcy petition was filed on time. -
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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