Pre-action demand for payment (Poland)

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A final demand before going to court, for use between private individuals or by a consumer against a business: the amount and what it is for, when it fell due, statutory late-payment interest from a stated date, the payment deadline and account, and notice of a lawsuit. It is the attempt at amicable settlement a Polish court asks about (art. 187 § 1(3) of the Code of Civil Procedure). Invoices between businesses have a separate document.

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Common questions

What interest can be added to a debt that was not paid on time in Poland?

Statutory late-payment interest, equal to the National Bank of Poland reference rate plus 5.5 percentage points (art. 481 of the Civil Code), due from the day after the payment date — whether or not the creditor suffered any loss. If no payment date was set, the debt falls due promptly after a demand (art. 455), so interest runs from the day the debtor should have paid after being asked.

What if a debtor ignores a demand for payment in Poland?

A claim for payment can be filed, and for simple money claims a claim in the electronic payment-order procedure (e-court), where the fee is a quarter of the usual fee, at least 30 zł, and a payment order is issued without a hearing. Contract claims up to 20,000 zł go through the simplified procedure. The demand and proof of its delivery go with the claim.

How should a demand for payment be sent to prove it was delivered?

Best by registered post with a return receipt, or by hand against a signature on a copy. A statement counts as made once it reaches the debtor in a way that lets them read it (art. 61 § 1 of the Civil Code), so an uncollected letter left with a notice usually counts too. An email or text can be extra evidence, especially if the debtor replied; the copy of the demand and proof of posting should be kept for the lawsuit.