Default notice and its effects in Polish law.

Do you have a Polish debtor who is in arrearswith the repayment of the debt? Are you wondering if it is worth sending adefault notice to said debtor? It should be remembered that the creditor’sinvolvement in the recovery of receivables will play a very important role inpossible court proceedings. An important element is also the attempt to settlethe dispute amicably. Is a default notice sent by a debt collection companymore effective than a document sent personally? Below we will try to explainthe most important issues related to the recovery of claims from a Polish debtor.

Can an invoiceact as a default notice?

The Supreme Court’s case-law regarding recognizing a served invoice as a default notice is divergent. Currently, however, the view prevails that an invoice can be considered a default notice if it contains information about the method and date of payment.

However, it should be remembered that there may have been a situation in which the invoice was not delivered at all or simply the debtor forgot to pay it. If you decide to treat an invoice as a default notice and bring the case before a court of law, you will lose the ability to quickly recover the cash and you will be exposed to additional costs.

Significant changes in civil proceedings came into force on January 1, 2016. The plaintiff is required to state in the lawsuit whether the parties have attempted mediation or other out-of-court settlement of the dispute, and if such attempts have not been made, explain the reasons for not doing so. If this information is not included in the lawsuit, it will be dismissed due to failure to provide all requested information.

In connection with the above, it is extremely important to include a call for mediation in the default notice in addition to the reminder about the debt. 

Is it worthentrusting recovery of debt to a debt collection company?

Of course, theanswer is yes. First of all, specialists are well versed in the regulations,they know how to effectively demand payment from the debtor. One more thing tokeep in mind—the debtor who receives a default notice with the stamp of the debt collection agency realizes that the creditor will take further legal stepsto recover the debt, which will result in additional costs. 

It is veryimportant to remember that the debt collection company, apart from sending adefault notice to the debtor, also undertakes other actions aimed at recoveringdebts, such as a personal visit to the debtor, checking the debtor’sassets.  These findings can prove to benecessary and, above all, effective.

Of course, you can also write a default notice yourself. In this case, it is important to include all the required information, for example, the date of payment, call for amicable settlement. It should be remembered that the Polish debtor often uses the situation that a British creditor will not be looking for them in Poland. Our practice shows that submitting the case to debt collection very often results in the creditor from the United Kingdom recovering the debt.

If your debtor is in arrears with payment of debts, avoids contact, does not comply with the arrangements, it is a signal that steps should be taken to recover the debt. If you do not know how to recover your money from a debtor staying in Poland, please contact us. We invite you to contact specialists from our detective office who will help with the recovery.

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