An online shop or a smaller supplier holds a claim of several thousand euros against a Polish company and the debtor asserts that the goods were defective. A European payment order is of little help here, because the debtor stops it with a simple statement of opposition. With an ordinary action in Poland, the costs at such an amount may easily exceed what is recovered. For these cases there is the European procedure for small claims under Regulation (EC) No 861/2007, often called the small claims procedure.
The claims it suits
This Regulation shall apply, in cross-border cases as defined in Article 3, to civil and commercial matters, whatever the nature of the court or tribunal, where the value of a claim does not exceed EUR 5 000 at the time when the claim form is received by the court or tribunal with jurisdiction, excluding all interest, expenses and disbursements.
The limit is calculated from the principal; interest and costs do not count towards it. A cross-border case means that at least one party is domiciled or seated in a Member State other than that of the court (Article 3(1)), which is always so with a Slovak creditor and a Polish debtor. The procedure does not apply, for instance, to employment disputes or to tenancies of immovable property, save for monetary claims (Article 2(2)). Whether the Slovak or the Polish court will hear the case is determined by the same rules as for an ordinary action: the debtor’s seat, the place of delivery under the contract, or a written jurisdiction agreement (Articles 4 and 7(1) of the Brussels I bis Regulation). We examine these in detail in our answer on whether you can sue a Polish customer in Slovakia.
How the procedure runs
Proceedings begin by completing Form A, which sets out a description of the evidence and to which supporting documents are attached (Article 4(1)). It is filed in the language of the court before which the proceedings are conducted (Article 6(1)), that is, before a Polish court in Polish. The court sends the defendant a copy of the claim with a response form within 14 days of receiving the properly completed claim form (Article 5(2)). The defendant has 30 days to respond (Article 5(3)). The court then gives judgment within 30 days, or requests further details, takes evidence or holds an oral hearing (Article 7(1)). If the defendant does not respond, the court decides without the defendant’s submissions (Article 7(3)).
The procedure is written. The court holds an oral hearing only where it cannot decide on the basis of the written evidence, or on a party’s request, which it may refuse (Articles 5(1) and 5(1a)). Where a hearing is held, it is conducted as a rule by videoconference or another means of distance communication (Article 8(1)). The Polish Code of Civil Procedure, as amended with effect from 10 January 2015, expressly contemplates that in this procedure the court decides in closed session and holds a hearing only in the cases provided for by the Regulation. Representation by a lawyer is not mandatory (Article 10).
Costs: success does not mean recovering everything
The costs of the proceedings are borne by the unsuccessful party. The Regulation, however, adds a limitation which must be reflected in the budget:
However, the court or tribunal shall not award costs to the successful party to the extent that they were unnecessarily incurred or are disproportionate to the claim.
With a claim of several thousand euros, do not therefore count on the debtor paying all the costs of representation and translations. The decision whether to conduct the case with a lawyer, and to what extent, belongs to the initial assessment of whether recovery is worthwhile at all.
Enforcement in Poland
A judgment given in this procedure is recognised and enforced in another Member State without a declaration of enforceability and without any possibility of opposing its recognition (Article 20(1)). On a party’s request the court issues a certificate on Form D (Article 20(2)). For enforcement you produce a copy of the judgment and the certificate, where necessary with a translation of the certificate into the official language of the state of enforcement (Article 21(2)), and in the state of enforcement you need neither a representative nor a postal address other than that of the enforcement officer (Article 21(3)). The Polish Code of Civil Procedure, as amended by the same statute, expressly states that judgments from this procedure accompanied by a certificate from another Member State are enforcement titles in Poland.
Small claims, or a European payment order?
A European payment order is quicker, provided the debtor does not oppose it; the opposition, however, need not be reasoned. The small claims procedure assumes that the debtor will defend itself and that the court will decide the dispute on the merits. The two routes can be combined. Following the amendment made by Regulation (EU) 2015/2421, you may already state in the European payment order form that, if the debtor lodges a statement of opposition, the proceedings are to continue as small claims proceedings, provided the claim falls within their scope (Article 17(1) of Regulation (EC) No 1896/2006). Without opposition you thus obtain a quick title, and after opposition nothing starts afresh: the proceedings continue under the small claims rules.
If the debtor did not take part in the proceedings, it may apply for review of the judgment in exceptional cases, for example where the claim form was not served on it or where force majeure prevented it from defending itself (Article 18); proper service of the claim therefore matters from the outset.
How to proceed
Where the case is heard by a Polish court, we coordinate it with our standing Polish lawyer under our debt recovery in Poland service; you communicate with us in Slovak. With an undisputed invoice we begin with our European payment order service, choosing continuation in small claims proceedings. An overview of all the instruments against a Polish debtor is set out in our article a Polish customer is not paying. Send us the invoices, orders and correspondence about the debtor’s objections; we will assess which route makes sense at your amount.
This article provides general legal information as at 12 September 2026. It does not constitute legal services or advice on your specific matter. Laws change and the details of your situation may differ. Check the appropriate course of action or contact us before making a decision.
