How to Enforce a Court Judgment in Poland: Bailiff and Fees
Short answer: To enforce a judgment in Poland you need an enforceable title with a court clause, then apply to a bailiff or district court. The debtor pays a 10% fee, says e-Justice.
Winning a court case in Poland does not put money in your account by itself. If the other side does not pay, you have to start enforcement, and in Poland that is done through a bailiff (komornik) attached to a district court. This guide follows the Polish page on how to enforce a court decision from the European e-Justice Portal. The page is undated and cites the Code of Civil Procedure and the Bailiffs' Costs Act, so check current fees with a bailiff before you file.
The enforceable title
Enforcement starts from an enforceable title (tytuł wykonawczy). According to the portal, this is usually a court order with an enforceability clause (klauzula wykonalności). Final judgments, court settlements, and judgments that are immediately enforceable count. So do some notarial deeds in which the debtor agreed to submit to enforcement, and a bank settlement, in the cases the portal lists.
The court of first instance normally adds the clause. The portal says a request for the clause is examined without undue delay and not later than three days after it reaches the court. For electronic payment orders, the court adds the clause automatically once the order is final.
A judgment from a foreign court is treated as an enforceable title only after a Polish court declares it enforceable. The portal says this happens if the judgment is enforceable in the country of origin and no obstacle under the Code of Civil Procedure applies.
Who enforces
Enforcement belongs to district courts and the bailiffs acting for them. You can lodge the request with the district court or with a bailiff attached to it. The request is normally in writing, names the debtor and has the enforceable title attached. You may suggest how to enforce, for example by naming a property, and for real estate you must give the land register number. For movable assets you do not need to list each item.
What can be taken
The portal says enforcement can cover movable property, real estate, wages, bank accounts, part of a property, ships and the debtor's other claims and rights. Some things are protected. These include household items and clothing needed for basic needs, a month of food and fuel, and tools needed for paid work, excluding vehicles. Limits on wage seizure come from other laws, such as the Labour Code.
Bailiff fees
The portal describes the fees in the Bailiffs' Costs Act. For money claims, the bailiff charges the debtor a fee of 10% of the enforced claim. If the debtor pays all or part within one month of being notified of the proceedings, the fee is 3% of the amount paid. The page gives minimum fees for some cases, so read the exact wording with the bailiff.
Fixed fees listed by the portal include PLN 400 for handing over movable property, PLN 1,500 for handing over a home the debtor needs for housing, PLN 2,000 for other real estate, and PLN 60 for personal service of documents. If the debtor pays the claim at least three days before the due enforcement action, the bailiff refunds 50% of the fee paid to the creditor, according to the page.
Maintenance claims are different
For maintenance, the portal says the court adds the enforceability clause automatically and serves the title on the creditor. The bailiff must look into the debtor's earnings, assets and residence, and the police can help find where the debtor lives and works. The check repeats at intervals of no more than 6 months. If the debtor is more than six months in arrears, the bailiff applies on their own initiative to the National Court Register, according to the portal.
Time limits
The portal says the Code of Civil Procedure sets no time limit for an enforcement application. But under the Civil Code, claims confirmed by a final judgment are time-barred after six years. Claims for periodic payments that arise later fall under a three-year limit.
What the source does not cover
The page does not describe special rules for foreign creditors living outside Poland, and it does not list an interpreter right in enforcement. If you live abroad, ask a Polish lawyer or the bailiff what documents you need and in which language.
* Photos: Beide winkeliers flatgebouw Vijzelstraat door deurwaarder uitgezet, Wikimedia Commons, CC0. Sąd Okręgowy in Poznań, Wikimedia Commons, public domain.
Frequently asked questions
Do I need to go to court again to enforce a judgment?
You need an enforceable title, usually the judgment with an enforceability clause from the court of first instance. Then you apply to a bailiff or the district court. You do not file a new lawsuit.
Who pays the bailiff?
According to the portal, the bailiff charges the fee to the debtor. It lists 10% of the enforced claim, or 3% if the debtor pays within a month of notice.
Can I enforce a foreign judgment in Poland?
Yes, if a Polish court first declares it enforceable. The portal says the judgment must be enforceable in the country where it was made and no listed obstacle may apply.
Is there a deadline to start enforcement?
No deadline for the application itself, says the portal. But claims confirmed by a final judgment become time-barred after six years under the Civil Code.
