Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
border 3
border 3

Debt Collection for Unpaid Invoices

Debt collection – Lawyer Warsaw

Our experienced lawyers effectively represent your company in court cases, including debt collection processes. With our dedication and expertise, we will help you recover your receivables for unpaid VAT invoices and protect your interests in court.

Services provided by the Firm include, in particular:

  • Effective management of collection processes related to unpaid VAT invoices (injunctive and writ cases).
  • Investigation of claims relating to the performance of contracts and damages for improper performance of contractual obligations.
  • Representation in cases involving violations of personal rights and claims for damages arising therefrom.
  • Professional handling of processes related to land and mortgage register proceedings.
  • Handling cases related to the compensation of damages resulting from various events, not only related to the non-performance of contracts (tort damages).
  • Provide support in cases involving the legitimate recovery of unjust enrichment benefits and compensation.
  • Representation of parties in lawsuits aimed at recognizing the invalidity of debtors’ actions to the detriment of creditors.
  • Professional conduct of proceedings to establish the existence or nonexistence of certain legal relations, rights or their prospects.
  • Effectively resolve corporate disputes and ensure that business interests are protected.
JZTL logo white
JZTL logo white

Online consultation

Do you need the help of a lawyer or tax advisor? Focus on your business, we will take care of solving your legal and tax problems.

Jarosław Ziobrowski

Adwokat, założyciel Ziobrowski Tax & Law. Posiada ponad 15 lat doświadczenia zawodowego, specjalizuje się w sprawach sądowych i postępowaniach podatkowych. Dwukrotny przewodniczący Sekcji Prawa Podatkowego przy Okręgowej Radzie Adwokackiej w Warszawie. Współautor książek „Zarządzanie ryzykiem podatkowym” oraz „Odpowiedzialność karna skarbowa członków zarządu – praktyczne sposoby jej ograniczenia”. Autor wielu publikacji oraz artykułów.

Representation in debt collection processes

Our experienced attorneys effectively represent your company in court cases, including debt collection processes, which is crucial to maintaining the liquidity of your business. Thanks to our commitment and in-depth knowledge, we are able to effectively assist in the recovery of unpaid VAT invoices. Our activities include conducting injunctive and writ cases, which allow you to quickly and efficiently obtain court orders for payment. We also protect your interests in court, pursuing claims for performance of contracts and damages for improper fulfillment of contractual obligations. Our law firm offers comprehensive legal support to ensure that your claims are successfully pursued and your company’s interests are protected at every stage of the legal proceedings.

The services provided by our law firm include a wide range of legal actions that are necessary to protect the interests of your business. We provide representation in cases involving violations of personal rights and claims for damages on this account, which allows you to effectively assert your rights in the event of damage to your reputation or other personal assets of your business. We professionally handle processes related to land and mortgage register proceedings, which is important for the regulation of real estate ownership. Our law firm also handles cases related to the recovery of damages resulting from various events, including tort damages, and provides support in cases related to unjust enrichment and compensation. We represent parties in lawsuits aimed at recognizing the invalidity of debtors’ actions to the detriment of creditors, as well as in proceedings aimed at establishing the existence or non-existence of certain legal relations, rights or their prospects. Our activities also include the effective resolution of corporate disputes, which ensures the protection of our clients’ business interests and helps maintain stability and harmony in the organization.

Debt collection of unpaid invoices - questions and answers

The length of litigation for an unpaid VAT invoice can vary and depends on a number of factors. Here are some factors that can affect the length of such proceedings:

  • Court Hearing: If the proceedings require a court hearing, this can prolong the entire process, as courts must set deadlines and parties and witnesses must be available at the time.
  • Court occupancy: The length of proceedings may also depend on court occupancy and the number of other cases awaiting trial.
  • Complexity of the case: If the case is more complicated, it may require more time to analyze the evidence, testimony and arguments presented by the parties.
  • Slow pace of the opponent: Sometimes delays can result from the opponent’s actions, such as filing requests for extensions, appeals or complaints.
  • Impact of epidemics or other external factors: Circumstances such as epidemics, changes in the organization of courts or other external factors can affect the pace of proceedings.
  • Type of court: The duration of the proceedings may vary depending on the type of court where the case is held (e.g., commercial court, civil court).
  • Filing an appeal: If either party files an appeal against the verdict, the trial may be extended by the duration of the appeal proceedings.

In practice, the duration of legal proceedings for an unpaid VAT invoice can range from several months to several years, depending on the factors mentioned above. It is also important to consult a lawyer in such a situation, who will be able to give you a more accurate estimate of the potential duration of the proceedings in your particular case.

Judicial collateral proceedings are a special type of court proceeding designed to provide temporary security for a party’s rights pending the outcome of the main legal proceedings.

These proceedings are aimed at preventing, restricting or safeguarding specific activities or property in order to protect the party’s interests, which may be jeopardized if appropriate precautions are not taken.

Here are some examples of situations in which judicial collateral proceedings can be used:

  • Securing a claim: When a party fears that the other party may harm its interests by, for example, converting property or transferring it to others, it can apply to the court to secure the property.
  • Prohibition of actions: The court may order a temporary injunction to prohibit the performance of certain activities that may harm the interests of one of the parties, such as a ban on competition for a specified period of time.
  • Prohibition of disposition of property: In situations where a party is concerned that the other party may sell, transfer or encumber property that is relevant to further proceedings, it may seek an injunction against such actions.
  • Securing evidence: When there is concern that important evidence may be destroyed or lost, a party may request that the evidence be secured in order to keep it intact.
  • Securing property claims: Securing proceedings can also involve property claims, such as the repayment of a debt or the recovery of improperly paid funds.

Judicial collateral proceedings are a precautionary measure to ensure that parties are not exposed to the risk of losing their rights or property before the main legal proceedings are resolved. A judicial precautionary ruling is interim in nature and remains in effect until the main proceedings or judgment in the case is completed.

It is worth noting that the rules and procedures for collateral proceedings may vary depending on the country’s legal system. It is worth consulting a lawyer for accurate information and advice on your specific case.

A lawsuit to court for an unpaid invoice should be carefully prepared and contain all the relevant information and arguments to support the claim. Here are the main elements that a lawsuit should contain:

Introduction:

  • Details of the plaintiff (person or company acting as plaintiff).
  • Details of the defendant (the person or company to whom the complainant attributes responsibility for the unpaid invoice).
    Information about the court to which the lawsuit is addressed.

Case Brief:

  • A brief description of the nature and basis of the claim (unpaid invoice).

Facts:

  • A detailed description of the transaction that led to the invoice.
  • Date and invoice number.
  • The amount of the invoice and any additional costs or interest.

Legal basis:

  • Indication of the law under which the claim is asserted (e.g. Civil Code, contract, regulations).

Claim:

  • Indicate the specific demand, i.e. the amount of money that the complainant is demanding from the defendant.
  • Alternatively, provide information on interest or other costs that are claimed.

Evidence:

  • List of planned evidence to prove the existence of the claim (e.g., invoice, correspondence, contracts).
  • It is also worth stating what other evidence may be useful in the case.

Value of the dispute:

  • Information about the value of the dispute, which is important in calculating the court fee and choosing the appropriate court.
    Application:
  • Clear request for adjudication of the claim.
  • The value is to specify exactly what is expected from the court (e.g., payment of a certain amount, interest, costs).

Signature and attachments:

  • Date and signature of the person or attorney acting on behalf of the applicant.
  • Attachments, such as a copy of the invoice, contracts or other documents that support the claim.

Power of Attorney: (If the applicant is represented by an attorney)

  • If the lawsuit is filed by an attorney, the appropriate power of attorney should be attached.

Remember that the lawsuit should be edited in a clear and understandable manner, contain all the necessary information and comply with the applicable procedural rules. If you are in doubt or inexperienced in drafting a lawsuit, it is advisable to consult a lawyer.

Debt Collection for Unpaid Invoices – What’s Next?

Unfortunately, payment delays are a common issue that many entrepreneurs face. Such delays can negatively impact financial liquidity and business stability, making it crucial to take effective action. In these situations, it is worth considering cooperation with the Ziobrowski Tax&Law office and conducting debt collection at the debtor’s expense. This way, it is the debtor who bears the cost of recovering the debt, allowing you to focus on running your business with confidence that your interests are well-protected.

What Is an Order for Payment Procedure?

In the case of unpaid invoices, it is worth utilizing the order for payment procedure. This is a simplified process for pursuing payments, including those stemming from unpaid invoices. An order for payment is issued when a monetary claim or a substitute performance is sought. If the order loses its effect or there is no basis for its issuance, the case is processed under general provisions or a separate procedure. In such instances, the case could take several months to resolve.
Once an order for payment is issued, the debtor must, within the prescribed time limit (2 weeks to 3 months, depending on the place of service), either pay the amount due or file an objection. The objection must be submitted to the court that issued the order and must include arguments indicating whether the order is being challenged in whole or in part. The court dismisses inadmissible, late, unpaid, or deficient objections.

An order for payment issued in a non-public session means that the court examines the case without conducting a hearing, based on the documents and evidence submitted (e.g., the statement of claim, attachments, and evidence). There is no meeting of the parties before the court, which speeds up the debt recovery process. The parties are not summoned to a hearing.
An order for payment cannot be issued if the claim is evidently groundless, if the facts are doubtful, or if the claim is dependent on a reciprocal performance.

How Long Does It Take to Prepare a Statement of Claim in the Order for Payment Procedure?
If the client answers our questions and submits the necessary documents, the statement of claim will be prepared within 2-3 business days.

How Long Does It Take to Issue an Order for Payment?

Typically, the issuance of an order for payment takes up to 2 months, but the actual time may vary depending on several factors, such as:
Court workload – Courts with a higher volume of cases may take longer to process.

Time of year – The waiting period may extend during vacation seasons or at the end of the calendar year.
Complexity of the case – Simple cases involving smaller amounts are processed more quickly, while more complex cases may require additional time.

As a rule, courts strive to conduct the first actions in a case, including issuing an order for payment, within 2 months from the filing of the statement of claim (provided there are no formal deficiencies). However, delays may occur in practice.
Our record is issuing an order for payment in just 10 days, which demonstrates that in some cases, the procedure can proceed exceptionally quickly.

What Is the Court Fee for Filing a Claim?

In property-related cases, a fixed fee system applies, depending on the value of the claim or the amount in dispute. These fees are strictly regulated and divided into seven thresholds. Below are the details regarding the fees based on the value of the case:
For claims up to 500 PLN – the fee is 30 PLN.
For claims over 500 PLN up to 1500 PLN – the fee is 100 PLN.
For claims over 1500 PLN up to 4000 PLN – the fee is 200 PLN.
For claims over 4000 PLN up to 7500 PLN – the fee is 400 PLN.
For claims over 7500 PLN up to 10,000 PLN – the fee is 500 PLN.
For claims over 10,000 PLN up to 15,000 PLN – the fee is 750 PLN.
For claims over 15,000 PLN up to 20,000 PLN – the fee is 1000 PLN.
If the order for payment is upheld, the court fees must be reimbursed by the debtor to the creditor.

How Is Cooperation with the Law Firm Handled in Debt Collection at the Debtor’s Expense?

The law firm handles cases at the debtor’s expense. What does this mean in practice? The losing party, i.e., the debtor, is obliged to reimburse the costs necessary for pursuing rights and defense (court costs). The costs incurred for the law firm’s services are ultimately borne by the party that loses the case.
In the order for payment procedure, the costs of legal representation are also borne by the debtor if the order is upheld. The amount of these costs is determined according to regulations on the remuneration of attorneys, usually based on the value of the claim.
Legal representation means the professional representation of a party (plaintiff or defendant) in court proceedings by a qualified attorney, such as a lawyer or legal advisor.
To prevent potential abuses, the legislator has set maximum limits on the costs that can be imposed on the losing party (so-called attorney or legal advisor fees). These maximum rates are strictly defined, meaning that the remuneration of the attorney or legal advisor should not exceed these limits.