It is not always the case that a contracting party makes the proper efforts to settle a debt. It is often necessary to collect debts from the debtor by voluntary means, and sometimes in the way of court proceedings. Many entrepreneurs face a situation when they have provided their services or delivered goods to a contractor and the latter is not paying the invoice. Such a situation always leads to financial problems of the company and also limits the possibilities of its development. How to legally enforce one’s debts in Poland? How to recover our receivables? Find out in this article!
In some situations, an entrepreneur does not want to destroy the relationship with his business partner. Amicable debt enforcement does not require going to court. It is enough to persuade a debtor to settle his arrears. Additionally, the costs of such a solution are low and are limited only to, for example, drafting a payment summons. As far as formal matters are concerned, various types of written reminders or negotiations also work well. It is often worth documenting an attempt to enforce debts amicably in an appropriate manner.
In such a situation, the best choice is to consult a law firm. Debt collection with the participation of a legal advisor is an additional reason for settling the debt. In case of no response, the next step is to take the case to court, which will lead to debt enforcement proceedings. In the case of debt collection conducted by a law office, all formalities remain on the side of lawyer.
In the case of many dishonest contractors it is necessary to obtain a final court judgment. On the basis of the judgment a bailiff is able to seize the debtor’s assets and collect the debt. The court route is the best solution if you want to avoid the limitation of the claim – it will allow you to recover the debt regardless of the passage of time as long as you issue a claim against the debtor in the appropriate time. Obtaining a favorable judgment obliges the debtor to pay the debt, and gives the creditor the right to refer the case to the bailiff for enforcement.
The court stage consists of filing a claim in the court according to the debtor’s place of residence or registered office. It is also possible to collect the debt by filing a claim electronically. A judgment with a enforceable title will allow you to refer the case to the bailiff’s office. Thanks to judicial recovery of debts, the course of limitation of the claim is interrupted, but there is also a risk of deterioration of relations with the contracting party. On the other hand, it is not worth doing business with an entrepreneur who does not fulfil his obligations. Many companies abandon their claims after unsuccessful attempts at amicable settlement, if the debt is small. In practice, however, outstanding debts can build up to very high amounts.
Debt collection issues are a very common problem among companies. Almost every entrepreneur has at least one contractor with an unpaid invoice. Do you want to recover your receivables? Come and consult your case! We will help you in your situation – collect the required documentation and deal with the necessary formalities. We will carry out amicable debt collection and if this would be ineffective – a proper judicial recovery of debts.
Autor: Wiktoria Ronc