In which cases execution before a Polish bailiff is necessary?
As a general rule, if the contractor you have won a court dispute against
resides in Poland or conducts a business activity there, a Polish bailiff is competent to conduct the enforcement proceedings.
It does not matter whether the court issuing the order to pay is situated in Poland or another country. The only matter essential to determine whether you have to start enforcement proceedings in Poland is where the person or entity is located. However, in the event that you wish to start the execution via a Polish bailiff under an order of a foreign court, some additional steps to authenticatethe ruling (or at least – receive the enforceability clause)might be necessary.
Do I have to come to Poland to retrieve the money via a Polish bailiff?
No. The enforcement proceeding does not requite the person who submitted the execution motion to be physically present in Poland to conduct it. After submitting the motion to start the enforcement proceedings the whole process is conducted by the bailiff and does not require any additional actions made by the person submitting the motion in person.
What documents are necessary to start enforcement proceedings in Poland?
Depending on the location of the court issuing the order to pay, the documents necessary for the enforcement proceedings might slightly vary.
| Country of Origin of the Court |
Documents Necessary |
| Poland |
· Court ruling
· Enforceability certificate (clause) |
| EU |
· Court ruling
· Certificate issued by the country of origin (under Brussels I Regulation recast)
· Sworn translation of the court ruling and the certificate |
| Outside of EU |
· Court ruling
· Certificate of enforceability issued by the court of origin
· Sworn translation of the court ruling and the certificate
· Certificate of enforceability issued by a Polish court |
What is important –
the ruling and the enforceability certificates (clause) need to be submitted to the Polish bailiff in originals. Polish bailiffs will not conduct enforcement proceedings based on copies of documents.
How much does the enforcement proceeding in Poland cost?
Apart from the legal fees made to remunerate the attorney preparing the motion to commence enforcement proceeding (which might vary), you might bear some costs of the proceeding before a bailiff itself.
At the beginning of the proceeding, the bailiff might ask you to provide them with an
advance payment due to estimated cost of fees they will bear in order to enforce the money on your behalf. Usually such an initial fee amounts to 100-500 PLN.
If the execution is conducted not only by seizing bank accounts etc., but also – by trying to sell the real estates of the debtor – the fees will be higher.
In the event that the
execution of your claim is successful, these fees will be reimbursed to you by the debtor. However if the bailiff cannot successfully recover the funds in your stead, this fee will not be reimbursed.
How long does the enforcement proceeding in Poland take?
Depending on the accessibility of the assets of the person against whom the enforcement proceeding is convened, it usually takes
couple of weeks up to couple of months.
Usually, the more precise information concerning the debtor’s assets we can provide at the beginning (debtor’s bank account numbers, potential future claims to be seized, real estate, cars and machines, etc.) – the faster and more efficient the enforcement proceedings will be.
Aleksandra Kostrzewa Daria Milewska
attorney trainee attorney 
