Compendium of knowledge about payment orders, i.e.: I received a payment order, what next?
You should be concerned about receiving a payment order, especially if you did not expect to receive it. Approximately 7,200 people have this experience every day in our country. In this article, we present what a payment order is and how to defend against it.
What is a payment order? What is the difference between a payment order and a judgment?
A payment order is a court decision that resolves the case on its merits. Therefore, it is a judgment which, after the expiry of the period specified therein for filing an objection, becomes equivalent to a final, legally binding court judgment. In other words, it will become irrevocable.
This means that the payment order itself is not the final judgment of the court, but it will become such a judgment if the defendant does not respond appropriately to such an order within the prescribed period. This judgment is issued in a procedure other than the "ordinary" one, i.e. in writ proceedings or writ proceedings, respectively. These proceedings have a completely different course and character from classic court proceedings.
In a standard civil case, two parties face each other in court to present their versions, evidence or claims. And then they receive the verdict formally announced by the court. The situation is different with a payment order. Proceedings by admonition and order for payment that end with the issuance of a payment order are characterized by the fact that the court decides them:
- after getting to know each other only with the content of the lawsuit brought by the plaintiff with attachments;
- in closed session, i.e. without a hearing and without the presence of the parties – that is, without listening to the defendant.
These proceedings are therefore much faster and allow the creditor to obtain a payment order, which, after becoming final and enforceable, constitutes - just like a judgment issued in standard civil proceedings - an enforceable title. Such an enforcement title enables enforcement against the debtor's assets. It obliges the defendant to perform a specific behavior - most often to provide a monetary benefit to the plaintiff.
The above means that if no objection is raised or no payment is made, a bailiff will appear on the bank account of the person against whom the payment order was issued - after about a month or several. And in some cases even faster.
This procedure may seem quite confusing or unfair to someone who has not dealt with it before.
After all, the fundamental principle is the right to defend one's rights and arguments in court and to issue a verdict after a fair trial. In these cases, however, the court conducts the proceedings in a closed session, examines the case only on the basis of the content of the claim written by one party and issues a payment order. At this stage, the defendant has absolutely no opportunity to defend his case - does he? Don't worry, the person who received the order will have the right to defend himself, as long as he wants and manages to act in time.
This is because writ and writ proceedings are primarily aimed at accelerating the pursuit of claims. The purpose of the described proceedings is to obtain a quick judgment in a case in which the claim is relatively well justified.
But can the person against whom the payment order was issued defend himself? Is there any point in filing an objection to a payment order?
Of course. The mere fact of issuing a payment order will not harm the defendant in any way, as long as the defendant immediately takes appropriate action.
Below we describe how to deal with such an order, but trust us - if the subject of the order is not a small amount that you would rather pay and forget about the matter - it is worth entrusting the defense against the payment order to a professional.
Many errors simply cannot be saved later. Therefore, we recommend that people who have received a payment order issued against them seek professional legal assistance as soon as possible - to any law firm run by a lawyer or legal advisor. For example, to ours Law Firm.
Dealing with a payment order on your own is usually similar to treating cancer yourself. and using the help of various legal advice offices - using the help of quacks. Truly, no lawyer - even a very good one - would ever defend himself in such a situation.
How to defend yourself against a payment order?
If the plaintiff convinces the court that it is justified to issue a payment order, such an order is served on the defendant along with a copy of the statement of claim and attachments. Only at this point does the defendant learn that any proceedings against him have been pending in court. When such a person finds out he has been sued, he has the opportunity to take the necessary defensive actions. To be clear - the regulations do not provide for such actions at an earlier stage - for a person sued in this mode.
To prepare an objection to a payment order, you first need to check the mode in which the payment order was issued - in writ proceedings or in writ proceedings.
What should I do if I received a payment order in writ proceedings?
After reading the content of the payment order received in writ proceedings, the defendant has two options to choose from:
1. He may acknowledge that his debt actually exists and, without much in his defense, state that the payment order is simply justified. Then you must pay the amounts indicated therein.
2. He may find that his debt does not exist at all or does not exist in the amount claimed by the creditor, or other circumstances indicate that the payment order is defective.
In the second variant, the defendant has the opportunity to file an appropriate appeal before the court. Such a means of defense against a payment order is to file an objection to a payment order issued in writ proceedings. Thanks to these defense measures, the defendant can exercise his constitutional right to defense. However, it should be remembered that filing an appeal in option no. 1 will, on the one hand, extend the duration of the proceedings, but also in the event of defeat, it will result in charging the defendant with much higher costs of the proceedings.
What should I do if I received a payment order in penal order proceedings?
Basically, the choices are similar to those in a situation in which an order was issued in writ proceedings, with the reservation, however, that the order may also constitute a security title (and therefore may be a way to earlier "temporarily" secure the Plaintiff's claim, e.g. by seizing the Defendant's bank account). In addition, filing charges requires the submission of an appropriate fee or the need to apply for exemption from court costs.
What if the defendant does not raise an objection or objection to the payment order?
Importantly, only if an appropriate appeal is not filed will the payment order become final - that is, it will become a "valid" court judgment, and the plaintiff - i.e. the person who brought the case before the court - will be entitled to refer the case to enforcement proceedings, which will result in the the debtor may be knocked by a bailiff. Even after about a month after the defendant received the payment order.
What is the effect of filing an objection or objection to a payment order?
However, when the defendant successfully files an appeal in response to the payment order, the case is referred "again" to ordinary civil proceedings. Such proceedings generally take place at a hearing, i.e. in an open session with the participation of both parties. This hearing ends with the issuance of a judgment in which the court once again - after hearing both sides, including the arguments of the defendant - decides on the validity of the lawsuit. The pace at which the justice system operates is also often important for people against whom a payment order has been issued. It can be assumed that from the moment of filing an appeal to the moment of issuing the final judgment, usually from several to a dozen or even several dozen months pass.
To summarize this part, it should be emphasized that writ or order proceedings ending with the issuance of a payment order are intended to try to accelerate the claimant's settlement of the claim. Such orders should only be issued when clearly justified. At the same time, issuing a payment order does not in any way deprive the defendant of the right to defense, because if an appropriate appeal is filed, the case is referred to civil proceedings in the ordinary course. And after an unfavorable judgment, the defendant still has the right to appeal "again".
How to obtain a payment order in penal order proceedings?
An order for payment in penal order proceedings can only be obtained in the situations specified in the Act. We are talking here about cases involving a monetary claim or the provision of substitute goods. To obtain an order for payment under the penal order procedure, the plaintiff must file a lawsuit in which: will clearly indicate that he is inferring
for the issuance of an order in this manner. At the same time, it is very important how the plaintiff demonstrates the validity of his claim. The court will issue a payment order only if the facts justifying the claimed claim are proven in the documents attached to the claim:
- an official document;
- an invoice accepted by the debtor;
- a request for payment from the debtor and a written declaration of the debtor acknowledging the debt;
- a bill of exchange or check, the authenticity and content of which are beyond doubt;
- contract, proof of mutual non-monetary performance, proof of delivery of an invoice or bill to the debtor, if the plaintiff claims payment of a pecuniary benefit within the meaning of the Act of March 8, 2013 on counteracting excessive delays in commercial transactions, or interest in commercial transactions or compensation, on referred to in this Act.
What needs to be clearly emphasized - in these proceedings, only the evidence listed above may constitute the basis for issuing a payment order. The purpose of regulating the order for payment procedure in this way is to provide the creditor with a quick way to obtain a security title. The payment order itself is only an enforcement title, but it is enriched compared to an "ordinary" judgment with the possibility of obtaining immediate security for the claim.
There are three main advantages that the order for payment procedure guarantees over "ordinary" proceedings:
- a payment order can be obtained much faster, cheaper and easier;
- the payment order is also a security title - this means that on its basis you can ask the bailiff to secure your claim, for example by seizing the debtor's real estate;
- in some cases, the payment order becomes enforceable after the deadline for settling the claim has expired. This is, for example, an order issued on the basis of a bill of exchange or a check. This means that if the debtor fails to provide the requested benefit within the prescribed period, the creditor may immediately refer the case to bailiff enforcement, without obtaining an enforcement clause.
How to obtain a payment order in writ proceedings?
In some respects, writ proceedings are similar to writ proceedings, but at the same time they are somewhat simpler for the plaintiff.
First of all - similarly to the penal order procedure - it takes place in cases involving a monetary claim or the provision of substitute goods. The difference, however, is the way it is initiated - in this case, the court ex officio examines whether, based on the submitted lawsuit, it may issue a payment order in writ proceedings. This means that it is not necessary to apply to the court for an order in writ proceedings - the court may still issue it if it deems it appropriate (let us recall that in writ proceedings, the plaintiff had to include an appropriate request in the content of the statement of claim).
These proceedings are also quick, so, just like in writ proceedings, the court hears the case at a closed session based on the content of the complaint itself and its attachments.
It is much easier to obtain a payment order in writ proceedings. It is enough that the case is of an appropriate nature (pecuniary claim or provision of substitute goods), and according to the content of the claim:
- the claim is obviously not unfounded;
- statements of facts are beyond doubt;
- satisfaction of the claim does not depend on mutual performance;
There are also no guidelines as to the means by which we should justify our claim in writ proceedings. However, if you wish to obtain an order for payment in payment order proceedings (as described) above, there is a closed catalog of such measures.
In short, to obtain a payment order in writ-of-payment proceedings, all you need to do is file a lawsuit and effectively justify your claim. The obtained payment order constitutes an enforcement title, and after providing it with an enforcement clause, it allows us to refer the case to enforcement proceedings.
When is the deadline for filing objections or objections to a payment order?
When issuing a payment order, whether in payment order or writ of payment proceedings, the court delivers it to the defendant along with a copy of the statement of claim and attachments. In this way, the defendant can read its content and file an adequate appeal. In the payment order, the court orders the defendant to within the time specified in the order satisfied the claim in full, including costs or on the same date filed an appeal.
What is the deadline for filing objections to a payment order in payment order proceedings?
Key in the payment order in writ proceedings is the deadline for delivery, i.e. receipt of a registered letter from the post office or from a bailiff. Most often, the defendant has one month to file objections to such a payment order. In writ proceedings, this deadline is shorter (see below).
ATTENTION: Meeting this deadline is absolutely crucial. It is worth contacting a selected professional representative (lawyer or legal advisor acting within law firmsj) as early as possible - even today or tomorrow. It is worth warning that really good objections to a payment order in penal order proceedings often cannot be written in one or two days.
What is the deadline for filing an objection to a payment order in writ proceedings?
Once again, the date of delivery, i.e. receipt of the registered letter from the post office, is crucial. In case of payment order in writ proceedings the defendant has two weeks to raise an objection.
ATTENTION: Meeting the above-mentioned deadline for filing an objection to a payment order in writ of payment proceedings is absolutely crucial. It is worth contacting a selected professional attorney (law firm) as soon as possible, even today or tomorrow (!), because preparing a good objection to a payment order often takes several days.
After issuing a payment order in penal order proceedings, the bailiff may knock on the door or seize funds in the bank account every day - today or tomorrow, regardless of the expiry of the above deadlines.
What is also important - a payment order issued in writ of payment proceedings, unlike in order for payment proceedings, is not a security title, and after obtaining it, you cannot apply to the bailiff to secure the debt, but you must wait for the expiry of the deadline for filing an appeal by the debtor. .
Objections to the payment order in payment order proceedings
Objections to a payment order are a means of appeal available only against a payment order issued in payment order proceedings (a payment order in payment order proceedings may be appealed against objection – more on that later). As already indicated above The deadline for filing objections to the payment order is one month from the date of its delivery.
After filing charges, which can be compared to a response to a lawsuit in "classic" proceedings, the court assesses their validity. In this letter, the defendant should indicate whether he is contesting the order in whole or in part and present the allegations. You should also specify the facts from which the claims are derived and the evidence to prove each of them.
After successfully filing charges, the court may:
– annul the payment order and issue a decision rejecting the lawsuit and discontinuing the proceedings (rare situation)
– refer the case to general proceedings, which at the same time suspends the payment order becoming final.
Then, after examining the case, the court issues a judgment in which it upholds the payment order in full or in part. The court may also revoke such a payment order and rule on the demand presented in the original lawsuit.
Each time you prepare objections to a payment order, you should remember the importance of this letter. From a legal point of view, we already have a payment obligation from which we want to be free. You should prepare a letter in which you will convince the court and prove that the evidence presented by the plaintiff is unfounded and he is not entitled to the claim he is pursuing. In this respect, the help of a professional attorney will often be necessary. It is worth remembering what is at stake - once you save on the help of a professional lawyer, you can lose much more when the payment order becomes final. The same as when we successfully file charges, but the court rules against us.
Objection to a payment order in writ proceedings
An objection to a payment order is an appeal available only against a payment order issued in writ proceedings. As already indicated above The deadline for filing objections to the payment order is two weeks!
The above deadline is counted from the date of delivery of the payment order together with a copy of the statement of claim to the defendant. After submitting an effective objection, the payment order loses its validity. A hearing date is then set, the objection is served on the plaintiff and the case is referred to ordinary proceedings. In this respect, the effects of filing an appeal in both proceedings described are very similar. As a consequence of successfully filing an objection to the payment order in writ proceedings the debtor does not have to fear the bailiff. Such a case can be won or lost. And what is important, it will take from several to a dozen or even several dozen months, depending on the appeal and the nature of the case.
After closing the hearing, the court issues a judgment in which it may accept the claim in whole or in part, or dismiss it. Which means that it will consider the entire claim to be unfounded or non-existent. If the objection has its own attitudes, there is a serious chance that the court will take into account, in whole or in part, the arguments raised by the debtor in opposition to the payment order. In rare cases, rejection of the lawsuit or discontinuation of the proceedings is also an option. Both parties are still entitled to appeal against the verdict.
In this respect, it is most sensible to contact a professional, for example a legal advisor who will properly construct an objection to the payment order. As in the case of objections to a payment order, the defendant has one chance to avoid the payment obligation. It is important that the objection is written in a legal, thoughtful and effective manner. Therefore, if you need to lodge an objection to a payment order, we recommend that you contact us as soon as possible Law Firm.
Payment order – when is the bailiff?
When can a bailiff knock on our door?
It depends on whether the payment order was issued in writ proceedings or we received a payment order in writ proceedings. The number of variants and subvariants, as well as interpretations of related regulations, will probably not be exhausted below, but let's try:
It should be clearly noted here that the payment order in payment order proceedings is, in principle, a form of security, as we write about below.
In each case, the payment order requires an enforceability clause; such a clause can be obtained by submitting an appropriate application to the court after the judgment becomes final. In the case of payment orders, this can be done when:
in the case of a payment order issued in payment order proceedings:
- the defendant did not file charges within one month from the court's delivery of the order for payment to him;
- the defendant successfully brought charges, but after a hearing the court upheld the payment order in whole or in part;
- immediately after the expiry of the payment deadline, when the payment order was issued on the basis of a bill of exchange or a check.
in the case of a payment order issued in writ proceedings:
- the defendant failed to raise an objection within two weeks of the court serving him the payment order.
- The defendant successfully filed an objection, but after a hearing, the court agreed with the plaintiff and awarded the benefit.
First, the creditor must obtain an enforcement clause, which in the situations described above should be a formality. The court has an instructive deadline of 3 days to issue such an enforcement clause - although sometimes it takes a little longer. The creditor can then go to the bailiff, who will immediately carry out the enforcement.
To sum up - the creditor must wait until the deadline for payment or filing an appeal expires (one month or two weeks, respectively. After the expiry of the deadline for appealing against the payment prohibition or payment, the party that requested the order (creditor) may apply to the court for an enforcement clause to be given to the payment order. With this title, the creditor should then go to the bailiff. In rare cases, when the payment order in penal order proceedings was obtained on the basis of a bill of exchange or a check, the creditor may apply for an enforcement clause in the order for payment in penal order proceedings immediately after the order is issued you also have the right to demand that the bailiff secure the claim from the debtor's property.
Security in penal order proceedings
If a payment order is obtained in order for payment proceedings (but not in writ proceedings!), the creditor may immediately apply to the bailiff to secure the debt on the debtor's property. This means that even if the debtor files charges, regardless of the judgment issued by the court after redirecting the proceedings to the "ordinary" path, part of the debtor's assets will be secured (frozen) until the case is resolved. The purpose of the security is that, after obtaining the enforcement title, the creditor will not have problems with the effective enforcement of his receivable from the debtor's assets.
To clarify, it should be noted that the legislator decided on this solution only as part of the penal order procedure due to the importance of the evidence used to prove the claim. Due to the closed catalog of evidence, which is of very high importance and credibility, the payment order issued in penal order proceedings is almost indisputable. Therefore, it is justified to give the plaintiff a greater opportunity to secure his claim.
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As the above article shows, from the perspective of a creditor who wants to obtain an enforcement title relatively quickly and, in the longer term, an enforcement title, it is necessary to select the appropriate type of proceedings for the claim being pursued, to structure the lawsuit in a way that will enable obtaining a payment order in writ or writ proceedings and - what is more the most important thing is to provide relevant evidence to prove your claim.
From the point of view of the debtor, and therefore the person who received the payment order, it is crucial to construct and submit an appropriate appeal reliably and as quickly as possible from the date of delivery of the payment order. Such means of appeal are allegations or objections to the payment order, and the most important thing is to submit them within the legal deadline. But the completeness and quality of the argumentation presented are also very important. Writing a good objection is very difficult, if not impossible, without the support of a professional attorney. Such a representative may be a legal advisor or a leading attorney Law Firm.
At the same time, it is worth remembering that if the debtor is indeed obliged to pay and filing objections ends in failure anyway, such action may only postpone the need to pay. In such a situation, the amount that the defendant will have to pay will increase by the higher costs of court proceedings.
Our law firm has offices both in Krakow and Warsaw, but we operate throughout Poland. For many years, we have been helping people who defend themselves against claims, i.e. we help those who want to appeal and oppose payment orders in writ and writ proceedings. The Law Firm's team has extensive experience not only in preparing pleadings and handling cases. We also have extensive experience in conducting negotiations aimed at amicable settlement of ongoing disputes. We are also known for our availability. We act when our clients need it.
We encourage you to contact us at: biuro@klodzinskikancelaria.pl or for a meeting as part of an initial consultation – book your date online.