01 Order-for-payment proceedings (postępowanie nakazowe): who and when?
Order-for-payment proceedings are one of the fastest ways to pursue a claim, but they require the right evidence and a specific application. Under Article 4844 of the Code of Civil Procedure (KPC), an order for payment in these proceedings is issued at the claimant’s request made in the statement of claim. If the claimant does not make this request, the court will not issue an order for payment in these proceedings.
Under Article 485 KPC, an order for payment is issued if the facts supporting the claim are proven by a document attached to the statement of claim, including:
- an official document,
- an invoice accepted by the debtor,
- a demand for payment together with the debtor’s written acknowledgement of the debt,
- a bill of exchange or cheque.
If the court finds the claim justified, it issues an order for payment without a hearing. The debtor has one month from service of the order to file objections. If they do not, the order becomes final and the matter can be referred to a bailiff for enforcement.
§ Filing objections opens the next phase of the proceedings, in which the first-instance court hears the case with both parties. //
The order for payment becomes final to the extent not challenged by the objections.
[ FROM PRACTICE ]
Recovering a debt based on an accepted invoice
The client, the owner of a construction company, had not been paid for work already carried out. The debtor avoided contact and did not respond to payment demands. The invoice, however, had been accepted by the debtor and could serve as evidence in order-for-payment proceedings.
I filed the claim and within a few weeks the court issued an order for payment. The debtor did not file objections, so enforcement could begin immediately. The client recovered the debt without a hearing.
02 Writ-of-payment proceedings (postępowanie upominawcze): a solution for simple cases
This procedure applies where the creditor does not have the documents required in order-for-payment proceedings, but the claim is clearly defined. The claimant must pursue a monetary claim or the delivery of other fungible things (Article 4801 § 1 KPC). The court will not issue an order for payment if:
- the claim is manifestly unfounded,
- the facts asserted raise doubt,
- satisfaction of the claim depends on a reciprocal performance.
If none of these circumstances applies, the court issues an order for payment in writ-of-payment proceedings. If the debtor does not file an objection within two weeks, the order becomes final. Otherwise the case moves to ordinary court proceedings.
[ FROM PRACTICE ]
Recovering a debt without an accepted invoice
The client’s counterparty had not paid an invoice for a delivery of goods, and the client had no documents confirming that the debt was acknowledged. Order-for-payment proceedings were not an option.
I filed the claim in writ-of-payment proceedings. The court issued an order for payment and the debtor did not file an objection. The client recovered the money without a lengthy trial.
03 Simplified proceedings: for smaller claims
Simplified proceedings apply to claims where the value of the subject matter does not exceed PLN 20,000, mainly under sales and service contracts. Cases concerning statutory warranty and guarantees are also heard in this procedure. Procedural documents, including the statement of claim, no longer have to be filed on official forms.
The procedure is cheaper and faster. It contains solutions that discipline the parties and simplify the course of the case.
04 Why act quickly?
The longer a creditor waits, the greater the risk that the debtor becomes insolvent. Choosing the right procedure shortens the path to recovering the debt.