Court Proceedings, Ligitation Lawyers - RPMS Staniszewski & Partners

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Assistance and representation in litigation proceedings have been our key areas of expertise since the beginning of our practice. Our experience is based on many years of service.

If you choose the RPMS Legal Office, you will benefit not only from a traditional representation by a professional attorney, but also from other extensive services in the field of dispute resolution, debt collection (debt recovery) or representation before public administration authorities and other entities.

We deal with arbitration proceedings, preparation of pleadings and representation of clients in litigious and non-litigious proceedings before the common courts and all administrative courts, as well as the Constitutional Tribunal.

Thanks to many years of experience in servicing corporate clients and entrepreneurs, we have an extensive debt recovery department covering both pre-court (soft debt collection) and court (hard debt collection) activities. We provide each client with ongoing access to the current status of their case, we monitor its progress, and inform about additional possibilities for its conclusion.

Our support is comprehensive – from pre-trial proceedings, to court representation and debt enforcement services.

We cooperate on an ongoing basis with reliable and verified bailiffs from all over Poland, resulting in highly effective debt recovery activities.

The scope of our activities in litigation matters:

Commercial proceedings (entrepreneurs
Representation and counseling at the pre-court (amicable) stage;
conducting cases in commercial proceedings;
preparation of litigation strategy
drafting pleadings, in particular lawsuits and appeals

Claiming receivables (recovery of receivables and debts)

drafting pre-court payment notices;
application for granting collateral/the security on property, (pecuniary claim);
application for annulment of collateral/the security on property;
representation in court proceedings;
support at the bailiff enforcement stage;
representation in insolvency and restructuring proceedings;

Civil litigation

Debt collection (loans, rent, deposits, etc.)
Handling cases concerning real estate and construction law;
Drafting applications for securing pecuniary and non-pecuniary claims
removing discrepancies between the contents of the land and mortgage register and the actual legal status
Representation in the area of warranty and guarantee rights;
consumer matters
Annulment of contracts and actio Pauliana
application for abolition of joint ownership

Franc loans (frac debtors)

analysis of the concluded agreement
representation in negotiations with banks
representation in proceedings for cancellation of a contract and declaring the provisions ineffective;
conducting pre-court and court proceedings

Administrative and court-administrative proceedings

analysis
administrative decision;
appeal against an administrative decision;
proceedings before construction supervision authorities
drafting complaints to the voivodeship administrative court
representation in administrative court proceedings

Negotiations, mediation, arbitration

assistance in negotiations
participation in mediation sessions
conducting correspondence on behalf of clients
representation in arbitration

Pleadings

An essential element of our activity in litigation matters is comprehensive assistance in drafting pleadings. We offer full support in drafting lawsuits (including counterclaims) concerning, inter alia, the revocation of a resolution, the exclusion of a shareholder, the dissolution of a general partnership, the protection of copyright, or determining the property separation.

In addition, we will prepare for you:

Application for entry in the Land and Mortgage Register (and / or its deletion),
Complaint and appeal,
Objection to the default judgment/absentia,
Charges against the payment order,
Complaints, incl. cassation, for securing evidence, setting aside an arbitration award, for declaring a final judgment unlawful, resuming proceedings and for bailiff actions,
Bankruptcy petition,
Application for entry in the National Court Register (as well as for changes to these entries or their deletion),
Application for entry in the Pledge Register (as well as for introducing changes to these entries or their deletion),
Request for reopening of proceedings or conducting conciliation proceedings.

RPMS – an experienced team with 100% commitment

We guarantee professional client representation in administrative, litigation, court, and arbitration proceedings as well as in conducting mediations and negotiations between the parties.

legal representation costs/fees 2020

The costs of legal assistance, including legal representation, are in each case determined upon an initial analysis of the case, and based on an individual offer prepared specifically for the client. It takes into account the amount of work, the number of hearings and meetings and the necessary resources needed to take over and fully conduct the case on behalf of the client.

The minimum payment rates, for legal representation in 2020, are currently regulated in the Regulation of the Minister of Justice on fees for legal advisers’ activities as of 22 October 2015 and constitute the minimum remuneration under the provisions. This means that the court cannot award costs lower than those arising from the current regulation.

The legal representation costs are awarded to the losing party on behalf of the other party and only in the case of being represented by a professional attorney.

The fees for legal representation are based on the amount of the claim and are set accordingly:

up to PLN 500 – PLN 90;
from 500 PLN to 1500 PLN – 270 PLN;
from 1500 PLN to 5000 PLN – 900 PLN;
from PLN 5,000 to PLN 10,000 – 1800 PLN;
from PLN 10,000 to PLN 50,000 – 3600 PLN;
from PLN 50,000 to PLN 200,000 – 5400 PLN;
from PLN 200,000 to PLN 2,000,000 – PLN 10 800;
from PLN 2,000,000 to PLN 5,000,000 – PLN 15,000;
from PLN 5,000,000 – PLN 25,000.

These rates are lower when proceedings are conducted in the following modes which end with the issuance of a payment order:

in the writ of payment proceedings,
in electronic writ proceedings,
in the writ of payment proceedings,
in European writ of payment proceedings

In such a case, the minimum rates are lower and amount to the value of the object of litigation, respectively:

up to PLN 500 – PLN 60;
above PLN 500 to PLN 1,500 – PLN 180;
above PLN 1,500 to PLN 5,000 – PLN 600;
above PLN 5,000 to PLN 10,000 – PLN 1,200;
above PLN 10,000 to PLN 50,000 – PLN 2,400;
above PLN 50,000 to PLN 200,000 – PLN 3,600;
over PLN 200,000 – PLN 7,200.

If you are interested in a valuation for a debt collection case, we encourage you to use our simplified debt collection case transfer form, which can be found HERE