The RPMS Staniszewski & Partners Legal Office comprehensively supports companies operating within the transport and forwarding industry. Understanding the specific nature of this industry, we know that our clients are keen to act quickly and effectively. We specialise in providing legal services to transport, forwarding and logistics companies, both running their business activities in Poland and cross-border (e.g. CMR). 

In particular, we help with debt collection, pursue claims for damages and recourse from subcontractors and insurers. For us transport, shipping and forwarding law hold no secrets. We are familiar with the debt collection procedures and deadlines in the transport industry, which allows us to conduct them effectively. We are aware of how difficult and tedious a fight with insurance companies for the payment of due damages can be. 

Our experience allows us to assist carriers and everyone connected with the transport industry in all legal issues concerning their business.

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    DRAWING UP AND REVIEWING CONTRACTS IN THE TRANSPORT INDUSTRY

     At our Legal Office we believe that a well-written contract is the key to success. That is why we believe it is so important to represent our Client’s interests already at this stage. Using the services of our Firm prior to signing the contract ensures that the provisions of the contract will not lead to unpleasant consequences during the course of cooperation. 

    We specialise in contracts: 

    • carriage 
    • forwarding 
    • storage 
    • logistics services 
    • Insurance 

    We offer support both in drawing up a new, custom agreement from scratch, taking into account the Client’s guidelines, and in negotiating an already drafted agreement with the contractor. We also offer analysis of concluded contracts, should any problems arise in the course of their execution.

    SUPPORT IN NEGOTIATIONS WITH CONTRACTORS AND DISPUTE RESOLUTION

    We know how important business relationships are. In transport, although it is often an international business with a wide territorial range, everyone wants to be recognised in the best light possible. We help to take care of our Clients’ good reputation, supporting them in the process of negotiating contracts with contractors and amicably resolving the disputes. 

    We know how important business relationships are. In transport, although it is often an international business with a wide territorial range, everyone wants to be recognised in the best light possible. We help to take care of our Clients’ good reputation, supporting them in the process of negotiating contracts with contractors and amicably resolving the disputes. 

    We offer full support in all processes related to contract negotiations, cooperation, or in any issues arising therefrom. We specialise in the transport industry; therefore, we are fluent in English, German, Italian and French. Other languages are not a barrier for us, on a regular basis we cooperate with the best sworn translators in the legal and transport industry. 

    Reaching an agreement requires knowledge of the law. The knowledge of our lawyers, combined with their focus on business talks and soft skills in amicable dispute resolution, brings our clients closer to achieving fully satisfactory solutions. 

    DEBT COLLECTION IN THE TRANSPORT, FORWARDING AND LOGISTICS INDUSTRY

    • Verification of contractors in the transport industry 
    • Debt collection of transport and shipping companies 
    • Collection of aviation and maritime companies 
    • Amicable debt collection in transport 
    • Court debt collection in transport – hard debt recovery 
    • Electronic writ proceedings. 
    • Bailiff enforcement 
    • Debt recovery from foreign contractors 
    • European Account Preservation Order (European Order for Payment).

    CONTRACTOR VERIFICATION IN THE TRANSPORT INDUSTRY

    Concerns related to the unreliability of our contractor’s transport company are justified, especially when we entrust them with valuable goods. Due to frequent cases of fraudulent transportation services, as well as cargo theft, reliable contractor verification is extremely important. Positive reviews circulating through the community about a given company is not enough. 

    Reliable contractor verification is not facilitated by the pace of the times we live in. Most contracts are concluded over the phone or the Internet – and while this is of course legally permissible in terms of transport contracts, haste is not always the best advisor. Meanwhile, the nature of the transport industry requires fast action and decision-making. 

    According to our experience, many documents in the transport industry are signed without any detailed or, even worse, without any knowledge of their content, which leads to future problems, the possibility of which the companies did not even know existed. The content of contractual provisions is one thing, but there is also the issue of necessary permits, as well as reliability and solvency of the company. It is all worth it and even necessary to check. 

    We should keep in mind that acting in the professional trade – and this is the situation we usually discuss at the conclusion of a carriage contract – the entrepreneur is obliged to maintain due diligence required in this type of relationship. Therefore, we will not be able to invoke the same protection as consumers, because the legislator assumes that we act with greater care and prudence. 

    With the assistance of the RPMS Staniszewski & Partners Legal Office, you can thoroughly check your future business partner and avoid unpleasant surprises in the future. We are aware of how important prompt reaction is in the transport industry, therefore we do not waste time on unnecessary activities – we simply act in your interest.

    DEBT COLLECTION IN TRANSPORT AND FORWARDING

    1. As a rule, delays in the payment of invoices affect all kinds of services. The transport and forwarding industry are unique industries in terms of payment of overdue invoices – the payment deadline is usually set for a longer period of time, compared to other services. Hence the frequent problems with debt collection – the passage of time, as is generally known, does not work in favor of the creditor. It is therefore crucial to act quickly and efficiently in order to react before payment delays seriously affect the financial situation of our company. 
    2. It is worth outsourcing the debt collection process to a lawyer for one simple reason – you gain confidence that it will be conducted properly, but most importantly, the problem of debt enforcement is no longer burdening only your shoulders. Legal support is the best solution from the early stage of drafting contracts and orders, which prevents future problems in this area. Moreover, the issue of contractor verification works both ways – it is obvious that by using the services of a lawyer we reinforce the other party that they are dealing with a reliable contractor who takes cooperation seriously. 
    3. It is not worth delaying the initiation of the recovery actions against a debtor. The statute of limitations for claims in transportation law does not allow postponing these matters to an indefinite future. Taking into account both the standard extended payment period in transport services and the relatively short statute of limitations, a notification to the Law Firm about unpaid invoices should be submitted as soon as possible. The claim must not be time-barred in order to be effectively pursued in court. 
    4. The success of the debt collection process within the transportation industry relies on many elements. Most importantly, a well drafted contract with the contracting party and a quick reaction process to payment delays.
    5. The RPMS Staniszewski & Partners Legal Office comprehensively supports its clients in the field of debt recovery in the transport industry, beginning with contractor verification, through soft vindication (amicable), to court and bailiff enforcement. Understanding the legal regulations, and above all knowing how important mutual relations are in business, we always start our activities from an amicable procedure. Only after its failure we can effectively initiate a court proceeding.

    WAMICABLE DEBT RECOVERY IN THE TRANSPORT INDUSTRY

    So-called soft debt recovery consists in undertaking all out-of-court measures that enable the effective collection of overdue payments from an unreliable business partner. However, it should be noted that the process of amicable debt recovery in most cases involves sending a final pre-court call for payment to the debtor. This pre-court call specifies in detail the legal basis of the claim, its amount, payment terms and the risk of non-payment within the specified time limit. Only after the failure of such an amicable debt recovery procedure, the case may be successfully brought to court. 

     At this stage, we study the case in detail, analysing the possibilities of its successful completion and providing advice on any possible further steps in the case. 

     As part of our Legal Office’s activities, it is not a problem either to send the call abroad or to draft it in a language other than Polish.


    LITIGATION OF RECEIVABLES IN THE TRANSPORT INDUSTRY

    The failure of soft debt recovery requires bringing the case to court. As part of our cooperation at this stage, we conduct a detailed analysis of the case, preliminary assessment of the probability of winning the case, analysis of documentation and the final drafting of the statement of claim. We represent our Clients both throughout the court process and subsequently during the bailiff enforcement process. 

    The Civil Procedure Amendment of 2019 reinstated separate proceedings in commercial cases. The new regulations in this area are connected with a number of new requirements for entrepreneurs who want to fight for their receivables in court. Considering the above, as well as our experience in cases related to debt recovery in the transport industry, referring your case to the RPMS Legal Office increases your chances of winning it.

    ELECTRONIC WRIT OF PAYMENT PROCEEDINGS (EPU)

    The electronic writ of payment procedure is a separate proceeding in the form of an order for payment. It can be used only in cases where the facts are not complicated and do not require an evidentiary proceeding (e.g. proceedings for unpaid invoices). Electronic Proceedings by Writ of Payment is sometimes referred to as a quick, cheap and simple civil process. Indeed, it enables the plaintiff to pursue their claims quickly, thus increasing the legal protection of the claims.

    The payment order, as the official decision in the electronic writ of payment proceedings, is exclusively in electronic form and is available in the ICT system of the e-court. The same procedure is applied to the enforcement clause that accompanies it. 

    If no grounds for issuing the payment order under the electronic writ of payment proceedings exist, the case will be transferred by the e-court to a competent court of general jurisdiction. Therefore, the proceedings will be transferred in accordance with the provisions on subject matter and general jurisdiction of the Code of Civil Procedure.

    BAILIFF ENFORCEMENT

    After obtaining an enforceable title, we will refer the case for unpaid receivables to enforcement proceedings. On behalf of the creditor, an application to initiate enforcement proceedings will be drawn up together with the necessary and legally required attachments. Enforcement is the fastest way to recover your debt. The RPMS Legal Office cooperates with bailiffs nationwide, thanks to which the recovery of unpaid dues is only a matter of time.

    THE EUROPEAN ACCOUNT PRESERVATION ORDER

    Since 2017, the European Account Preservation Order has immensely facilitated debt recovery within the European Union. It is an alternative to the individual proceedings possible within the Member States, thereby significantly increasing the likelihood that the creditor’s claims will be settled when attempting to recover the owed funds in cross-border proceedings. Therefore, these proceedings play a special role in debt collection in the transport industry. A decisive advantage of this solution is also the automatic recognition and enforcement of an account preservation order in other EU member states, which results in quicker enforcement of claims. 

    This procedure allows a court from an EU Member State to preserve the bank account of a debtor from another EU Member State. This means that the cross-border nature of the case is a necessary precondition in order to use this procedure, i.e. the creditor’s place of residence and the court conducting the proceedings, must be located in a different EU Member State from the country where the debtor’s bank account, subject to be preserved, is located. 

    When can you apply for a European Account Preservation Order? As a general rule, the creditor is entitled to obtain preservation of the debtor’s bank account both prior to initiation of legal proceedings in a Member State or at any stage of those proceedings until their conclusion. Knowledge of the debtor’s bank account is not necessary for the preservation of the bank account, the bank’s name with which the debtor has an account is sufficient. If difficulties in this respect arise, the provisions of the relevant regulations provide a procedure for determining the name of the debtor’s bank. 

    Denmark is the only European country where this procedure cannot be applied.

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      RPMS Law Office
      Staniszewski & Partners

      St. Polska 114
      Poznań 60-401