A lawsuit for payment initiates the court proceedings. Therefore it is necessary to know how to write and file it. You will learn everything from our article, a guide, in which we explain how to prepare a lawsuit for payment step by step and recover overdue payments.
Lawsuit for payment step by step – formal requirements
A lawsuit for payment is a qualified pleading. This means that it must meet certain formal requirements indicated in the Act. It includes three categories:
| General requirements of a pleading (Article 126 of the Civil Procedure Code) | – designation of the court to which it is addressed, – names and surnames or names of the parties, their legal representatives and attorneys, – designation of the type of document, – the basis of the claim or statement and evidence to support the circumstances cited, – signature of the party or its legal representative or attorney, – list of attachments. |
| Requirements of the first pleading | – designation of the subject of the dispute, – designation of the place of residence or registered office of the parties. This also concerns their legal representatives and attorneys, – personal or tax identification number of the plaintiff who is a natural person, if he is obliged to have it, – the National Court Register number if applicable. Alternatively, a number in another valid register, or a tax identification number. This concerns the plaintiff who is not a natural person and is not required to be entered in the appropriate register. |
| requirements for a statement of claim (Article 187 of the Civil Procedure Code) | – a precisely defined demand. For property cases, specify the value of the dispute unless a specific amount is involved, – an indication of the due date of the claim – an indication of the facts on which the plaintiff bases his claim. If necessary, also justify the jurisdiction of the court, – information whether the parties have attempted mediation or another out-of-court method of resolving the dispute. If such attempts have not been made, explain the reasons for not taking them. |
Lawsuit for payment step by step – other demands
A lawsuit for payment may include the following requests:
- securing the claim,
- making the judgment immediately enforceable,
- conducting a hearing in the absence of the plaintiff,
- actions to prepare for the hearing. These include requests to summon witnesses, experts, conduct inspections, and secure evidence.
Lawsuit for payment step by step – costs
A lawsuit for payment is subject to a court fee. You should pay it to the bank account indicated by the court when filing the lawsuit. The fee can be fixed, proportional, or basic. In cases concerning property rights, a fixed fee is charged on the pleading. The amount results from the value of the subject of the dispute:
| up to 500 PLN | 30 PLN |
| over 500 PLN and up to 1500 PLN | 100 PLN |
| over 1500 PLN and up to 4000 PLN | 200 PLN |
| over 4000 PLN and up to 7500 PLN | 400 PLN |
| over 7500 PLN and up to 10 000 PLN | 500 PLN |
| over 10 000 PLN and up to 15 000 PLN | 750 PLN |
| over 15 000 PLN and up to 20 000 PLN | 1000 PLN |
For disputes exceeding 20 000 PLN:
- a proportional fee of 5% of the value of the object of litigation is charged;
- the value cannot exceed 200 000 PLN
Lawsuit for payment step by step – territorial jurisdiction of the court
As a general rule, a lawsuit is filed with the court having jurisdiction based on:
· The defendant’s place of residence for individuals.
· The registered office for legal entities and other entities that are not individuals.
In certain situations, a lawsuit for payment may be filed under different rules. This is specified in the Code of Civil Procedure.
Lawsuit for payment step by step – to which court should a lawsuit be filed?
District courts handle all cases unless they fall under the jurisdiction of regional courts. Regional courts handle cases concerning:
| Non-property rights and related property claims. Exceptions include cases about determination or denial of a child’s parentage. Also, the ones for determining the invalidity of paternity acknowledgement or dissolution of adoption do not qualify. |
| Claims arising from the Press Law. |
| Property rights in which the value of the subject of dispute exceeds 100 000 PLN. Exceptions include cases of alimony, infringement of possession, separation of property between spouses. Cases heard in an electronic writ of payment proceedings are also excluded. |
| Issuing a ruling to replace a resolution on the division of a cooperative. |
| A repeal, declaration of invalidity or determination of the existence or non-existence of resolutions of bodies of legal persons or organisational entities which are not legal persons, to which legal capacity has been granted by law. |
| Compensation for damage caused by the issuance of a final and binding judgment that is inconsistent with law. |
| Claims arising from the violation of rights granted under data protection regulations. |
Lawsuit for payment step by step – the value of the subject of the dispute
To prepare and file a lawsuit for payment, it is necessary to determine the value of the subject of the dispute. This influences the court’s jurisdiction (district or regional court).
Under the Civil Procedure Code, for monetary claims the dispute’s value is the amount the plaintiff demands from the debtor. In other cases, the plaintiff must indicate a specific amount.
The value of the subject of dispute does not include:
- interest,
- benefits,
- costs claimed in addition to the main claim.
Lawsuit for payment step by step – the due date of a claim in a lawsuit for payment
The obligation to specify the claim’s due date applies to cases seeking to enforce a claim. This is the moment from which the creditor can demand performance from the debtor.
For example, the parties concluded a sales agreement. On its basis, the debtor was to pay the creditor 100 000 PLN within 30 days from delivery, i.e. by 8 August 2024. The claim will be due on 9 August 2024.
Lawsuit for payment step by step – information on amicable settlement of the dispute
A lawsuit for payment must include the following information:
- whether the parties have attempted mediation or other out-of-court settlement of the dispute,
- reasons for not making such attempts.
Information about mediation attempts helps the court assess if the case qualifies for mediation. This is an obligatory element of a lawsuit for payment. Yet, the lack of information on amicable dispute resolution does not result in returning the claim.
Lawsuit for payment step by step – the limitation period for the claim
When filing a lawsuit, you must remember about the limitation period for claims. According to Art. 118 of the Civil Code, the limitation period is:
- six years – general term,
- three years – for claims for periodic benefits and claims related to business activity.
The legislator has also provided for special deadlines. For example 2 years for a contract for specific work. The end of the limitation period falls on the last day of the calendar year unless the limitation period is shorter than 2 years.
What are the possible outcomes after filing a claim for payment?
Filing a lawsuit for payment to the court may result in:
| Return of the lawsuit | The document does not meet formal requirements or deficiencies are not corrected on time |
| Rejection of the lawsuit | The court does not examine the merits of the case. It does not assess whether the claim is valid. Dismissal occurs because the request cannot be considered due to formal reasons. For example inadmissible court path. |
| Upholding the claim | The lawsuit for payment is effectively filed. The evidence collected in the case confirms the plaintiff’s position. |
| Dismissal of the claim | The lawsuit is properly filed, but the evidence does not support the plaintiff’s position. |
Lawsuit for payment step by step – commercial proceedings
Commercial proceedings are subject to special regulations:
- the parties must be entrepreneurs,
- The dispute must concern a commercial matter (indicated in the statutory catalogue).
Submitted pleadings must contain the e-mail address of the party who submits them. In the absence of such an address, the party should attach a statement that it does not have one.
A lack of information about the e-mail address is treated as a deficiency. As a result, it is impossible to proceed further with the case. This is to ensure the effectiveness of communication between the parties. It contributes to faster processing of economic cases.
The legislator has also introduced:
- The obligation of the parties to indicate all allegations and evidence. The plaintiff in the lawsuit, and the defendant in the statement of defense. Delay in their presentation results in the omission of this evidence, except for statutory exceptions,
- Prohibition of modifications of the claim by the plaintiff,
- No possibility of filing a counterclaim,
- Agreement on evidence. It assumes that the parties may agree to exclude certain evidence concerning a specific legal relationship arising under the agreement. The agreement binds the court. It may limit evidence to documents presented by the parties. This results in the inadmissibility of invoking the excluded evidence in the proceedings.
Lawsuit for payment in expedited proceedings
A lawsuit for payment, after meeting certain conditions, may be filed in following proceedings:
- writ-of-payment proceedings
- payment-order proceedings
- electronic writ-of-payment proceedings.
In these proceedings, the court assesses, based on the assertions in the claim, whether there are grounds to issue a payment order. If such grounds exist, the court will issue the order without examining the merits of the claim. The defendant has the right to appeal the issued order.
Lawsuit for payment step by step – summary
A claim for payment is a special pleading. It should be submitted following the specified requirements. Thanks to this, the plaintiff has a chance to effectively assert his rights before the court.
If you need support in preparing a lawsuit for payment, our experts will provide you with comprehensive legal advice. Feel free to contact our firm!
FAQ – Questions and Answers
What is a lawsuit for payment?
A lawsuit for payment is a formal document. You file it in court as a creditor who demands reimbursement of receivables from the debtor. This is a crucial step in court proceedings to recover overdue payments.
What information should a lawsuit for payment contain?
A claim for payment should include:
– the data of the parties (creditor and debtor),
– a description of the claim,
– the amount due,
– justification and evidence confirming the existence of the debt, e.g. contracts, invoices or correspondence.
How to pay for a lawsuit for payment?
The fee for a lawsuit for payment depends on the value of the subject of the dispute. It can be paid via bank transfer or in cash at the court’s cashier. It is advisable to check the current court fee rates. They are available on the relevant court’s website.
Where to file a lawsuit for payment?
A claim for payment must be filed with the appropriate court that has jurisdiction over the case. This is usually the district court where the debtor lives or where his business is located.
How long do court proceedings take for a claim for payment?
The length of court proceedings depends on many factors. For example the workload of the court, the complexity of the case, and possible appeals. In simple cases, you can expect a resolution within a few months.
What to do if the debtor does not pay after the judgment is issued?
If the debtor does not comply with the court judgment, the creditor can take further steps. For example filing for bailiff enforcement. This allows the debtor to recover by seizing the debtor’s assets.
Can you file a lawsuit for payment without a lawyer?
Yes. You can file a claim for payment yourself. However, it is recommended to consult with a lawyer to make sure that all formalities are completed. This ensures that the claim is properly drafted.