DEBT MANAGEMENT
Claims management
Our Firm offers comprehensive case management in the area of debt recovery in both B2B and B2C relations, from the pre-litigation stage up to obtaining satisfaction through bailiff enforcement or entry of receivables as tax-deductible expenses.
Our fields of practice include:
- Działania, na każdym etapie postępowania podejmują zmierzające do osiągnięcia jak najwyższej skuteczności, w tym z wykorzystaniem nowatorskich, autorskich rozwiązań technologicznych
- Bieżący i aktywny nadzór nad prowadzonymi przez komorników działaniami, w szczególności pod kątem poprawności i terminowości podejmowanych w sprawie czynności;
- Analiza dokumentacji oraz przygotowanie rekomendacji w zakresie możliwych do podjęcia dalszych działań prawnych
- Maximizing efficiency related to claims against members of the board of directors, partners of partnerships
- Prowadzenie postępowań o uznanie czynności prawnych poczynionych z pokrzywdzeniem wierzyciela, postępowania o ustanowienie rozdzielności majątkowej;
Q&A
Frequently asked questions
The phrase ‘debt collection’ is most often defined as a series of measures taken against a debtor by a creditor (or creditor’s representatives) in order to recover, as soon as possible, any payments due and outstanding at the time of taking action to recover the debt. The Polish name for debt collection, windykacja, stems from the Latin term vindicatiomeaning the enforcement of claims under the legal institution of rei vindicatio, which was an integral part of the legal order in the Roman Empire.
Debt collection essentially means that the parties concerned (i.e., the creditor and the debtor) engage in negotiations regarding the repayment of the outstanding debt to agree on mutually acceptable termsImportantly, however, debt collection can take place at the pre-litigation (amicable) stageand in judicial proceedings, and in the case of persistent non-payment, a bailiff may be engaged to resolve the conflict and recover the debt in debt enforcement proceedings.
Debt collection can be done in-house or outsourced to an external debt collection company. Our Firm focuses on amicable procedures, but where necessary, we are also able to assist our clients with electronic writ-of-payment proceedings and obtain a final court writ of payment in their favour, or, in actions brought in courts of general jurisdiction, obtain a judgment. We pride ourselves on high success rates in both amicable and judicial enforcement stages.
Lack of current data, such as the debtor’s PESEL (civil registration number) or residence address, is not an obstacle to recovery and does not prevent legal action. Our Firm’s services include obtaining debtors’ contact details.
If repayment is made during the amicable stage, there are no additional costs of collection beyond the agreed commission fee. However, if the amicable stage of the collection process ends to no avail, additional costs may be involved. How much? We are talking about the cost of legal proceedings and judicial enforcement. The costs at each stage are assessed on a case-by-case basis. At the first meeting, the available options and costs of each subsequent stage are presented. It is important to find a debt collection company that guarantees the maximum recovery rate.
This mainly depends on how quickly the debtor decides to cooperate with the collection company, as well as on the debtor’s financial capabilities.
Yes, it can. In accordance with the law, the obligation to settle a testator’s unpaid debts, upon that testator’s death, passes on their heirs. Therefore, one of the ways to recover a debt after the debtor dies is to check who the obligor’s legal successors are by filing a request for confirmation of inheritance acquisition with the court having jurisdiction over the debtor’s last place of residence. Proceedings should be initiated if an inheritance document has not been drawn up yet at the request of another person. Our Firm specialises in succession proceedings, including against the heirs of a debtor.
