Apart from the usual course of proceedings, for cases of payment of a certain sum of money, there are also 3 modes: order and writ proceedings, whose choice are voluntary, and simplified proceedings, which are obligatory in certain circumstances. These separate modes are a beneficial alternative to effective recovery due to the shorter time of consideration of the case and the lower fees associated with them, in contrast to the costs of court proceedings.
The Right Proceedings
Prescriptive proceedings are initiated by submitting to the District Court or the District Court a claim containing a request to hear the case in this mode. Such proceedings take place without the parties participating in the hearings, and the court issues an order for payment on the basis of the claim and the documents attached to it. Documents in support of the request may be submitted in copies. Only the checks, bills of exchange, warrants or reverse should be presented in the original. The defendant finds out about the proceedings when he is served with the court order for payment (together with the claim and attachments). With the help of the debt collection agency you can also have some good result.
The catalog of disputes that may be considered in the order for payment procedure is limited to the recovery of pecuniary claims or the fulfillment of a replacement service (i.e. delivery of a certain number of identical items). The Act also mentions a closed catalog of evidence and only with it can you prove the existence of debt. Those are:
- official document
- debtor’s approved bill
- the debtor’s request for payment and the debtor’s written declaration of recognition of the debt
- payment request accepted by the debtor, returned by the bank and not accepted due to lack of funds on the bank account
- A check, warrant, promissory note or reverse, duly completed and without doubt;
Contract, proof of non-monetary consideration, proof of delivery of an invoice or bill provided that cash benefits or interest as specified in the Act on payment periods in commercial transactions are claimed.
You can also lodge a claim in the order for payment procedure on the form. Filing a claim on the official form is obligatory for entrepreneurs providing services:
- postal and telecommunications;
- transport of persons and luggage in mass transport;
- supply of electricity, gas and heating oil;
- water supply and sewage disposal;
- waste disposal;
- heat supply.
The payment order obliges the debtor to pay the debt within 14 days or to file charges within this period. If the defendant does not raise charges, the payment order becomes final. If the debtor lodges an objection, the case is referred for ordinary consideration to the court of first instance, depending on the amount of the dispute, District Court or District Court, competent for the place of residence or seat of the defendant. Submission of charges against a court order for payment in writ proceedings does not automatically deprive the order of legal effects of that order, but suspends it until the trial, at which the court decides whether to order the payment be repealed or upheld.
The order is a title of security, which means that even after the charges have been filed, the bailiff may, on the basis of this order, temporarily attach the debt. This increases the chances of recovery, even with the debtor’s bad intentions.