Lawsuits, warrants, petitions
We file lawsuits for issuance of a warrant of payment within the framework of:
- ordinary procedure,
- writ-of-payment procedure,
- simplified procedure,
- injunction procedure,
- electronic writ-of-payment procedure (we have obtained the required professional eligibility in that respect).
The writ-of-payment procedure is a universal kind of the court proceedings within the framework of legal action for non-payment since the accounts receivable claim is practically the sole ground for applicability of that procedure. In case there is no ground for issuance of a warrant of payment, a judge will be obligated to fix the date of court hearing. A warrant of payment cannot be issued if the content of the lawsuit proves that the claim is obviously groundless, the presented facts raise doubts in terms of compliance with the factual situation, payment of the accounts receivable is dependant on a set-off of mutual claims or the whereabouts of the defendant are unknown or a warrant of payment cannot be served on the defendant within the domestic jurisdiction. A warrant of payment imposes on the defendant the obligation to make repayment of debt in the total amount including related costs within two weeks of receipt of a warrant of payment or to contest it within the same deadline.
The simplified procedure aims at accelerating the settlement of comparatively minor cases. However, due to the fact that a lawsuit, a response to a lawsuit, a contestation against a judgement in absentia, and petitions containing evidence should be drawn up by means of filling in official template forms within the framework of the simplified procedure. That procedure is fairly formalised. In competent district courts that procedure is applicable to the following cases:
- accounts receivable arising from contracts or agreements if the claim amount is not in excess of ten thousand zloties, and accounts receivable arising from warranty, guarantee or non-compliance of consumer goods with a consumer contract if the contract value is not in excess of the aforementioned threshold amount,
- accounts receivable arising from the payment of rent under a tenancy agreement and other fees payable by a tenant as well as accounts receivable arising from due payments for the use of an apartment as charged by a housing co-operative, regardless of the claim amount.
The injunction procedure is one of the separate proceedings, that is governed by the Civil Procedure Code. However, it bears noting that a warrant of payment may be issued within the framework of that procedure exclusively in the cases enumerated in the act of law upon the due submission of required documents. That procedure is optional.It is instituted upon the petition filed by a plaintiff, that must be contained in the lawsuit. The lawsuit may be filed within the framework of the injunction procedure when the claim is monetary in nature or the claim is lodged in regard to other alternate or substitute items. A warrant of payment issued within the framework of that procedure constitutes the so called writ of execution which undoubtedly is advantageous and beneficial for a creditor.
The electronic writ-of-payment procedure (EPP), that is referred to as the e-court, is a new procedure within the framework of the Polish court proceedings, facilitating enforceability of accounts receivable. That procedure is applicable to civil cases of a fairly simple factual finding, which causes that such cases do not require any trial.Within the framework of that procedure, the jurisdiction of the court is specific in nature as it is exclusive jurisdiction – in Poland the 16th Civil Division of the District Court in Lublin is having the exclusive jurisdiction over all of the cases. Therefore, regardless of the jurisdiction of local courts, the aforementioned court issues a warrant of payment.A plaintiff, intending to initiate that procedure, must file a lawsuit with the court by means of a template form with a signature affixed electronically.The defendant, having been served a warrant of payment, may contest it via electronic means or in a written form.However, regardless of the form – such a contestation must be filed with the Court in Lublin. Should a warrant of payment be revoked, a case is automatically filed with the court of local jurisdiction for the purpose of fixing a date of a court hearing.