Conducting Court Proceedings in Poland

Effective dispute resolution begins with the formulation of a strategy that
enables the client to achieve their goals. Therefore, when conducting
court proceedings, it is not only necessary to possess a thorough
knowledge of the law but also the ability to apply this knowledge practically.

This is precisely the approach offered by RPMS Law Firm. We are a team of
specialists who have been supporting clients in legal disputes for years. We
work on behalf of entrepreneurs, corporate clients, and individuals. What sets
us apart are our proprietary procedural solutions, meticulously prepared
documentation, and professional advice.

What does conducting court proceedings with RPMS entail? Each case is handled by
a designated attorney or a dedicated team, all of whom are specialized in
various areas of law, such as debt collection, corporate disputes, construction
law, and commercial proceedings.

As part of our representation service, the attorney participates in legal
proceedings, drafts legal documents, conducts negotiations on behalf of the
client, and keeps the client informed of the progress and results.

    The data provided in the form will be processed by the RPMS Law Firm based in Poznań only for the purpose of processing the application and in accordance with the rules contained in Privacy Policy

    RPMS Helps with Preparing Next Documents

    It’s important to remember that well-drafted documentation is a key
    element in the resolution of a legal matter    . Properly prepared
    complaints and claims significantly increase the chances of success. This is why
    it’s worth seeking the assistance of lawyers who will take care of the formal
    aspects and devise the best action strategy for us.

    By utilizing conducting court proceedings with RPMS, the client
    receives comprehensive support, from developing a litigation strategy and
    documentation to the conclusion of the dispute.

    We offer assistance in preparing necessary documents, including:

    • Complaints and counterclaims (e.g., non-property rights protection claims,
      shareholder lawsuits, personal rights protection claims, marital separation
      claims, property division claims based on court decisions, dissolution of
      general partnership claims).

    • Applications for initiating conciliation proceedings.
    • Complaints and appeals.
    • Cassation appeals.
    • Applications for non-litigation proceedings.
    • Bankruptcy petitions.
    • Applications for entry or removal from the land and mortgage register.
    • Applications for recognizing foreign court judgments.
    • Complaints for reopening proceedings or setting aside an arbitral award.
    • Oppositions to payment orders.
    • Applications for entry in the National Court Register, as well as changes or
      deletions.

    • Complaints against the actions of a bailiff.
    • Oppositions to default judgments.

    When preparing documentation, we rely solely on proven and effective procedural
    solutions. We also tailor each service to the specific situation and needs of
    the individual client. For years, we have been representing entrepreneurs,
    creditors, and individuals in court proceedings, as well as providing support in
    administrative proceedings and civil disputes.

    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:

    1. up to PLN 500 – PLN 90;
    2. from 500 PLN to 1500 PLN – 270 PLN;
    3. from 1500 PLN to 5000 PLN – 900 PLN;
    4. from PLN 5,000 to PLN 10,000 – 1800 PLN;
    5. from PLN 10,000 to PLN 50,000 – 3600 PLN;
    6. from PLN 50,000 to PLN 200,000 – 5400 PLN;
    7. from PLN 200,000 to PLN 2,000,000 – PLN 10 800;
    8. from PLN 2,000,000 to PLN 5,000,000 – PLN 15,000;
    9. 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:

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

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    RPMS Law Office
    Staniszewski & Partners

    Mickiewcza st 22/8
    Poznań 60-836