Acknowledgement of debt (uznanie długu)

Published byDocMuse

A debtor's written acknowledgement of a debt under Polish law: the creditor, what the debt is for and how much it is as of a stated date, in words, and an undertaking to pay by a date or on a schedule into a stated account. Acknowledging a debt interrupts the limitation period, which then starts again (arts. 123 and 124 of the Civil Code), and is strong evidence the debt exists, which is why creditors often ask for one before agreeing to instalments.

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Common questions

What does a written acknowledgement of debt give a Polish creditor?

Above all, it interrupts the limitation period — after acknowledgement the period starts again (art. 123 § 1(2) and art. 124 of the Civil Code). It is also strong evidence that the debt exists in the stated amount: in a dispute the debtor would have to show that nothing is owed despite signing. That is why a creditor usually asks for one before agreeing to instalments, and it gives the debtor time without the risk of being sued.

Can a debt that is already time-barred be acknowledged in Poland?

It can, but it should be done knowingly. Once the limitation period has run, the debtor can refuse to pay, and courts may treat an acknowledgement after that point as waiving the limitation defence (art. 117 § 2 of the Civil Code) — making the debt enforceable again. Before signing, check when the debt fell due, especially when the request comes from a debt collector that bought old claims.

How long before a debt becomes time-barred in Poland?

As a rule 6 years, and 3 years for periodic payments such as rent and for claims connected with running a business (art. 118 of the Civil Code). The period ends on the last day of a calendar year, unless it is shorter than 2 years. Limitation is interrupted by, among other things, acknowledging the debt, a lawsuit, an application for a payment order, and starting mediation.