Non-payment of invoices is a problem faced by many entrepreneurs. When a contractor fails to settle their liabilities, it is often necessary to refer the case to court. Judicial debt collection involves not only costs, but also waiting time for a decision. What determines the length of the proceedings and how long can they take in practice?
How does judicial debt collection work? Types of proceedings
Court debt collection begins with the creditor filing a lawsuit. Like any civil proceeding, it involves specific stages – from filing a lawsuit and presenting evidence to a possible hearing and examination of witnesses. In practice, the time required to hear a case can be considerable – in some cases, proceedings can last up to several months.
The creditor may pursue the debt in various ways, including:
- electronic writ of payment proceedings (EPU),
- writ of payment proceedings,
- order for payment proceedings,
- commercial proceedings,
- amicable proceedings (e.g. arbitration).
Each of these procedures has different characteristics, formal requirements and expected duration. For example, in writ of payment proceedings, it is necessary to submit strictly defined documents (e.g. written acknowledgement of debt). Choosing the wrong procedure can significantly prolong the debt recovery process.
What determines the duration of court debt collection proceedings?
Many factors influence the length of proceedings.
The complexity of the case
A simple, undisputed claim arising from an invoice accepted by the debtor will generally be heard more quickly than a claim arising from a complex contract, e.g. in the construction industry. Regardless of the complexity of the case, it is essential to carefully prepare the statement of claim and complete documentation.
Choice of procedure
Some procedures allow for a faster ruling and, thus, earlier referral of the case for enforcement. Summary proceedings allow for enforcement (to a certain extent) to be initiated as soon as the order for payment has been issued. On the other hand, electronic writ-of-payment proceedings often allow for a payment order to be obtained relatively quickly, although its effectiveness depends on the debtor’s further attitude.
Debtor’s attitude
The debtor’s procedural activity has a significant impact on the pace of the case. Submitting numerous motions for evidence or raising objections may prolong the proceedings. On the other hand, formal errors on the part of the debtor may speed up the possibility of referring the case for enforcement.
How to speed up court debt collection?
In the event of protracted proceedings, it is possible to file a complaint about the excessive length of the proceedings, but this does not always translate directly into speeding up the case. In practice, actions taken at the stage of preparing the statement of claim and conducting the proceedings may prove more effective.
Formal correctness of documents
The statement of claim and subsequent pleadings should meet all formal requirements, in particular those specified in Article 126 of the Code of Civil Procedure. Formal deficiencies may result in a request to supplement them and prolong the proceedings by up to several weeks.
Reliable pre-court debt collection
Before referring the case to court, it is worth exhausting all amicable methods of debt recovery. This includes not only sending a payment request, but also making genuine attempts to contact the debtor. Well-conducted pre-court debt collection may lead to repayment without the need to initiate proceedings.
Constant monitoring of the case
After filing a lawsuit, it is important to keep track of the proceedings and respond quickly to court correspondence. In practice, this is made much easier by working with a professional representative – an attorney-at-law or advocate.
So how long does court debt collection take?
There is no single, universal answer to this question. The duration of the proceedings depends on many factors – the type of case, the chosen procedure, the court’s workload and the debtor’s behaviour.
In simple cases, with the creditor acting efficiently and no obstruction from the debtor, the proceedings may be completed within a few months. In more complex cases, however, the process may take up to several years.
Passivity on the part of the creditor is usually not conducive to debt recovery. In many situations, legal action is the only effective way to pursue claims. Therefore, it is important to ensure that the case is properly prepared, that the debt is monitored on an ongoing basis and that evidence is gathered at the pre-trial stage.As a rule, judicial debt collection in Poland is a time-consuming process and depends on many variables. However, the right choice of procedure, careful preparation of documents and active case management can significantly increase the chances of efficient debt recovery. In practice, the support of an experienced representative helps to organise activities and reduce the risk of unnecessary delays.
