Regulations important for practice
In the course of the enforcement proceedings, while creditors enforce their claims, both creditors and debtors may make use of legal instruments in order to defend their position. Here, we will outline three of them, the knowledge of which is essential for any creditor or debtor for the purpose of the enforcement proceedings in Poland:
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complaints against enforcement clauses,
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counter-execution court actions,
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complaints against debt collectors’ actions/omissions.
CHALLENGING ENFORCEMENT CLAUSES
Introduction
As a general rule, a creditor can initiate enforcement proceedings only once they have obtained an execution title. This means that, for instance, after the court proceedings have been concluded and a judgment obtained, or after another document allowing enforcement has been obtained such as deed in which the debtor has voluntarily submitted to enforcement, but before its actual execution, it is necessary to carry out an intermediate procedure: the enforcement clause proceedings. The purpose of these proceedings is for the court to grant an enforceability clause, thereby creating an execution title.
Important!
In the vast majority of cases, an execution title is an enforceable order with an enforcement clause. A final judgment, a notarial deed in which the debtor has voluntarily submitted to enforcement, or a settlement concluded before
a court are the examples of enforcement orders.
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CONTACT
Lidia Węcłowicz, Partner
lidia.weclowicz@ngllegal.com
Przemysław Tacij, Counsel
przemyslaw.tacij@ngllegal.com
Stanisław Wocial, Junior Associate
stanislaw.wocial@ngllegal.com