By debt recovery in EU we mean a situation when the debtor resides outside the territory of the Republic of Poland and only there can the creditor demand settlement of the obligation.
For the purpose of debt recovery in EU, in such conjuncture, a few conditions have to be fulfilled:
- The enforceable title valid in the territory of Poland must be obtained – e.g. a court order with an enforcement clause.
- The place of residence or stay of the debtor abroad must be known for the sake of determining the territorial competence of the court.
- The debtor must be informed that the claim has become due and payable since they have the right of appeal.
Another way of debt recovery in EU is to apply to a competent court in Poland for a special certificate confirming the issuing of the order or of a sentence with an execution clause. Such certificate along with the original copy of the order or of the sentence (preferably with their sworn translations – to expedite the procedure) can be submitted to the court in the country of the debtor’s current residence. It is also necessary to appoint a proxy to act on our behalf abroad.
CGO Legal law firm offers services of debts recovery in EU. We provide support throughout the entire procedure – starting from determination of the factual and legal background, through gathering adequate documentation and ending with commencing and tracking the proceedings.
Should you be interested in obtaining more detailed information, please do not hesitate to contact us.