A Polish customer is not paying: which European tools work and when a Polish court is needed

Poland is a nearby market for Slovak and Czech companies, and unpaid invoices arise there just as they do at home. The European Union offers uniform tools for such claims that apply directly between Slovakia, Czechia and Poland. Not every one of them, however, suits every situation. Before the first step, ask yourself four questions: where you can sue, whether the debtor disputes the claim, how large it is and whether the assets may disappear.

Where you can bring proceedings

A Polish company may be sued in Poland (Article 4 of the Brussels I bis Regulation). A Slovak court comes into play if, under the contract, you delivered the goods or provided the services in Slovakia (Article 7(1)), or if you agreed a Slovak court in writing (Article 25). The same rules determine the court for a European order for payment, the small claims procedure and an account preservation order before judgment. We discuss the detail and examples in the question whether you can sue a Polish customer in Slovakia. If the Slovak courts have no jurisdiction, the matter is conducted in Poland, and on the page debt recovery in Poland we describe how we coordinate it with our regular Polish lawyer.

An undisputed invoice calls for a European order for payment

If the debtor does not dispute the invoice but simply does not pay, the fastest route is a European order for payment:

The European order for payment procedure is established for the recovery of pecuniary claims for a specific amount that have fallen due at the time when the application for a European order for payment is submitted.

— Article 4 of Regulation (EC) No 1896/2006 (unofficial English translation)

The application is filed on a form, the court decides without a hearing and the debtor has 30 days from service to lodge a statement of opposition (Article 16(2)). No reasons need be given; it is enough that the claim is contested (Article 16(3)). A European order is therefore worth using where the debtor genuinely has nothing to raise. Following opposition, the proceedings continue as ordinary proceedings or as the small claims procedure, if you requested this in the form and the claim falls within it, unless you asked for the proceedings to be terminated (Article 17 as amended by Regulation (EU) 2015/2421). An enforceable order is enforced in Poland without a declaration of enforceability (Article 19) and the Polish Code of Civil Procedure, as amended with effect from 10 January 2015, expressly designates it an enforcement title. If the Polish enforcement authority requires a translation, it will accept only Polish; we set out how to proceed in the question how to enforce a European order for payment abroad.

Smaller disputed claims: the small claims procedure

For a claim up to EUR 5,000 excluding interest and costs, the European small claims procedure under Regulation (EC) No 861/2007 is available (Article 2(1)). Unlike the order for payment, it is also designed for cases where the debtor disputes the claim, and it is in principle conducted in writing (Article 5(1)). We discuss when it is worth using in the article the small claims procedure against a Polish company.

A larger dispute: a claim and enforcement of the judgment without recognition

For a larger and disputed claim, an ordinary action remains. If you bring it in Slovakia, the Slovak judgment is enforceable in Poland without a declaration of enforceability (Article 39 of the Brussels I bis Regulation). You will, however, need to obtain a certificate from the Slovak court and to reckon with the debtor being able to request a Polish translation of the judgment; we describe the procedure in the question how to enforce a Slovak judgment in Poland. Already in the dispute, a Polish debtor may refuse to accept documents that are neither in a language it understands nor in Polish (Article 12(1) of Regulation (EU) 2020/1784). Translation of the claim into Polish is therefore part of the budget from the outset.

When the debtor is emptying its accounts: preserving the account

If the debtor is moving money, selling stock or changing banks, none of the proceedings for payment will conclude quickly enough. A European Account Preservation Order can be obtained before the claim is brought, during the proceedings and after judgment (Article 5 of Regulation (EU) No 655/2014) and the debtor is not informed of the application in advance (Article 11). The court will, however, require evidence of a real risk that recovery will be frustrated and, without a judgment, of the likelihood of success on the merits (Article 7). In Poland the order is carried out by a court enforcement officer (komornik) and documents for that officer must be in Polish. The detail is in the question preserving a Polish debtor’s account and in our European Account Preservation Order service.

Mistakes that can be avoided

• Suing in the wrong court. The creditor’s registered office does not found Slovak jurisdiction; what matters are the delivery terms and a written choice-of-court agreement.
• A European order for a disputed claim. The debtor files an unreasoned statement of opposition and the proceedings drag on.
• Service without a translation. A refusal to accept a document and a later objection to enforcement will delay recovery; a timely translation can prevent them.
• Waiting while at risk. Where the debtor is moving assets, preserving the account should be considered at once, not after judgment.

How to start

On the debt recovery in Poland service page we describe the procedure from the demand prepared by the Polish lawyer through to court proceedings and enforcement of the decision in Poland; we coordinate the whole process and you communicate with us in Slovak. For an undisputed invoice, our European order for payment service follows on. Send us the contract or the orders, the invoices and the correspondence with the debtor so far; we will propose a route and tell you in advance what it will cost.