You have a contract with a Polish partner. Something went wrong (the partner did not pay you, you suffered damage as a result of your partner’s conduct, your partner did not deliver the product on time, etc.). You would like to sue your Polish partner. When can you sue before a Polish court? What costs does it entail? How long does it take?
As a general rule, litigation before a Polish court will be possible in cases where your contractor resides or conducts business activities in Poland. However, in some of the cases, even if both parties to the dispute are residing outside of Poland and do not conduct any business activity there, the dispute can only be heard by a Polish court. Such cases are for instance disputes concerning real estate located in Poland.
Do I have to come to Poland to resolve my case before a Polish court?
It depends. In vast majority of the cases, you will not have to come to Poland and take part in the hearing personally. The court also has the right to authorize you to connect to the hearing via electronic means – such as Microsoft Teams or Zoom. In the event that the court deems your testimony necessary – there is also a possibility for you to make it in writing and provide the court with it. As a general rule – unless the court declares your personal presence necessary on the hearing, you do not have to come in person to the Polish court.
What documents/evidence should I prepare before suing my Polish contractor?
Any document that can be used as proof of validity of the claim as well as the amount due. In particular, you should prepare the contract itself and any invoices issued under it. Depending on the nature of the claim, other evidence might be necessary – such as photos, witness statements, correspondence between the parties or – personal testimony of the parties.
In some of the cases an expert opinion might be necessary. Polish law states that if the case requires knowledge from specific field, the court might appoint an expert to provide an opinion on a specific issue. So for example – if the case requires valuation of worth of a service or item, it might be necessary to submit a motion to take evidence of an expert opinion.
What court should I submit the lawsuit to?
In majority of the cases the contract itself provides you with information concerning applicable law and court competent to hear case resulting from it.
However, in the event that the contract does not state which court is competent – the general rule applies. According to Polish law, if your contractor resides in Poland, you would sue them before a court in Poland.
Courts in Poland will be also competent in cases of torts, as well of claims arising from accidents which occurred in Poland.
How much the court proceeding in Poland will cost?
Apart from any legal fees made to remunerate chosen attorney (which may vary and depend on the settlement between you and the attorney), you will have to bear the cost of the proceeding before a court itself. In general – submitting a law suit in Poland entails an obligation to pay the court fee – otherwise the law suit will be rejected by the court.
The court fee depends on the amount in dispute. For cases which amount in dispute is PLN 20.000 or below, the fee is specified in the act on court fees in civil cases – and can vary between PLN 30 and PLN 1000. However in case that the amount in dispute is above PLN 20.000, the court fee amounts to 5% of the amount in dispute.
How long does the litigation in Poland take?
Depending on complexity of the case, as well as type of procedure chosen by the court to hear the case, duration of litigation can vary between couple of months and a few years.
In general in complex cases in which the witness testimony or an expert opinion are necessary – the procedure will take longer.
You have won a court dispute against a Polish contractor. How to pursue the execution of the amount of money court ordered them to pay? When is it possible to execute the claim via Polish authorities? How much would it cost? How long does it take?
