Statute of limitations for unpaid invoices in Poland

Verjaring van onbetaalde facturen in Polen

Do you still haveunpaid invoicesfor your services or goods delivered to people or companiesin Poland? Then don’t wait too long to take actions to collect these unpaid invoices! All invoices issued in 2020 will expire in Poland on 31/12/2022. So, concretely, we still have5 weeksto collect your invoices amicably or legally.

Limitation periods in Poland

What are thepossible limitation periods in Polanddepending on the type of debt?

Periodic B2C debts: By default, all periodic B2C debts expireafter 3 years(e.g. loans/credits/rents).

B2C/B2B debts for services/goods received supported by invoices: By default, these types of debts expireafter 2 years(Art. 554 of the Civil Code), counting from the end of the calendar year. Thus, invoices due in 2020 will expire on 31/12/2022, invoices issued in 2021 on 31/12/2023 and so on.

Judgments:A claim recognized by a legally valid decision of a court, or other body designated to hear cases of a particular type, or by the Court of Arbitration; as well as a claim established through a settlement reached before a court or the Court of Arbitration, or arising from a settlement reached before a mediator and approved by the court, is time-barredafter 6 years.

Creditor restrictions around the limitation period

As a creditor, what should you consider when your claim is time-barred?

The verificationof whether a debt is time-barred or notisfully automatic. All claims that are time-barred are rejected by the authorities at the creditor’s expense.

For B2C claims, the legislator applies Art. 117 § 2 1 of the Civil Code, according to which the entrepreneur cannot demand payment from the consumer after the expiry of the limitation period. Thus, after the expiry of the limitation period, the consumer does not even have to raise the argument of prescription, the entrepreneur has simply been deprived of the possibility to bring this claim against the consumer. The court is obliged to first examine whether the claim is already time-barred.The consumer does not even have to know that his claim is already time-barred.