Limitation periods in Poland: 6 years, 3 years, end of the year
Short answer: Under the Polish Civil Code a money claim generally expires after 6 years, or 3 years for business and periodic claims, and the period ends on 31 December of that year.
Every money claim in Poland has a deadline after which a court will not enforce it against someone who pleads the deadline, or, if the debtor is a consumer, at all. This is called limitation (przedawnienie). It matters when you lend money, wait for unpaid rent or pay, or receive a letter from a debt collector about an old debt. This guide follows the Ministry of Justice announcement of 9 July 2018 and the text of the amending act of 13 April 2018 (Dz. U. 2018 poz. 1104) published by the Sejm. They set the rules in force since 9 July 2018. The Civil Code has a consolidated text that is updated from time to time, so check the current wording of the articles before you act on a specific date.
The basic periods
According to Article 118 of the Civil Code as changed in 2018, unless a special rule says otherwise:
* The general limitation period is 6 years. * For periodic claims and claims connected with running a business it is 3 years. * The end of the period falls on the last day of the calendar year, unless the period is shorter than two years.
Before the change the general period was 10 years. The Ministry of Justice gave rent under a lease as an example of a periodic claim with a 3-year period.
How the end of the year works
The ministry says the law takes the last day of the calendar year in which the period runs out. Here is a calculated example, not one from the source. If a loan between two private people became due on 15 March 2024, six years run to 15 March 2030, and under the rule the claim then runs until 31 December 2030. If monthly rent due on 10 June 2026 is not paid, the 3-year period would run out in June 2029, and the end moves to 31 December 2029. Check which period applies to your claim, because the choice between 3 and 6 years depends on its type.
When the clock starts
The period starts on the day the claim becomes due. Where the creditor must first do something, for example make a demand, the clock starts on the day the claim would have become due if the creditor had acted at the earliest possible time. For claims to stop doing something, it starts on the day the other side did not comply. These start rules are in Article 120 of the Civil Code, which the 2018 act did not change, and are quoted here from the Civil Code's original text on the Sejm site, which is old, so confirm the current wording.
Consumers are better protected
The 2018 act added a rule that after the period has run out, a claim against a consumer cannot be pursued (art. 117 par. 2 with the added sub-paragraph 2(1)). In exceptional cases a court can, after weighing the interests of both sides, ignore the expiry against a consumer if fairness requires it. The act lists what the court should consider: the length of the period, the time that has passed since it expired, and the reasons the creditor did not sue, including the debtor's own behaviour.
The ministry explains that the court must now check whether the period has run out. If it has, the court dismisses the claim without the debtor having to raise the point. The ministry presented this as a response to firms that buy old debts cheaply and sue, hoping the debtor will not plead the expiry.
After a court judgment
A claim confirmed by a final court judgment, an arbitration award, a court settlement or a settlement before a mediator approved by the court is time-barred after 6 years, or 3 years for future periodic payments (art. 125 par. 1). Before 2018 it was 10 years. The ministry says this is enough time for a creditor to start enforcement.
Bank account seizure and the 7 days
The same act changed enforcement. A bank must now pass money from a seized account to the bailiff only after 7 days from delivery of the seizure notice. This gives a debtor time to sue to stop enforcement, for example when the debt was paid or has expired. The 7-day wait does not apply when the bailiff collects current maintenance or annuities, where the bank passes the money immediately.
Debt registers
The act also changed the law on economic information bureaus. One of the items that a bureau may store is information about the limitation of a claim, and the text also sets 6 years from the due date as a condition in article 14. This is relevant if an old debt shows up in a register about you.
What a foreigner should note
The sources describe Polish civil law in general and do not address foreigners. Which country's law governs a claim depends on the contract, so use these periods only for claims under Polish law. For a larger sum, ask a lawyer or the free legal aid point of your county.
* Photos: sandglass and hourglass, Wikimedia Commons (CC0 and public domain).
Frequently asked questions
How long do I have to sue for an unpaid private loan in Poland?
The general period is 6 years from the due date, and the end moves to 31 December of the year in which it runs out. The period is 3 years for claims linked to running a business and for periodic payments.
Does an old debt disappear after the period ends?
For a consumer debtor, a claim cannot be pursued after the period has run out, with an exception that a court may apply in exceptional cases. The ministry also says the court checks the expiry itself.
Can a creditor still collect a debt after a court judgment?
Yes, for 6 years after the judgment becomes final, or 3 years for future periodic payments, under article 125 as changed in 2018.
Is money taken from my bank account straight away?
No. After 2018 the bank passes it on after 7 days from delivery of the seizure notice, except in cases of current maintenance or annuities.
