What is the statute of limitations on claims in Poland and what effect does it have on the creditor?

Debt recovery is a process that should begin as soon as possible after the debt arises. Delaying collection efforts can significantly reduce their effectiveness, especially when the debtor is gradually losing financial liquidity or is intentionally avoiding repayment of obligations.

One of the key reasons not to postpone debt collection is the risk of the claim becoming time-barred. Under Polish law, every financial claim is subject to a statute of limitations — a specific period after which the creditor loses the right to effectively pursue the debt in court. While the debt still exists after this period, the debtor can legally refuse to pay by invoking the statute of limitations as a defense, which usually results in the claim being dismissed by the court.

Therefore, timely action is essential to protect the creditor’s rights and to maximize the chances of successful debt recovery.

What is the statute of limitations on a claim?

The statute of limitations is a civil law institution which means that after a certain period of time has elapsed, the debtor may evade performance if the creditor does not take appropriate steps to recover the debt. This means that even a valid claim may become ineffective in practice if it is not pursued within the prescribed time limit.

As a rule, most financial claims are subject to a statute of limitations. To avoid this, the creditor should take active steps, such as filing a lawsuit or reaching a settlement with the debtor in which the latter acknowledges the existence of the debt and agrees to a new repayment schedule.

What does the statute of limitations mean for a creditor?

According to the provisions of the Civil Code, after the statute of limitations expires, the debtor is no longer legally obliged to perform the service. The claim becomes a so-called natural obligation – i.e., one that cannot be enforced. The debtor may voluntarily settle it, but is not required to do so. However, if they do so, they have no right to demand a refund of the amount paid.

Therefore, the creditor should make every effort to prevent their claim from becoming time-barred, especially since the law provides for measures to prevent this.

Limitation periods – how much time does the creditor have?

In principle, according to Article 118 of the Civil Code:

• 6 years – this is the general limitation period for claims,
• 3 years – for claims arising from business activities and periodic payments.

However, some contracts have separate, shorter limitation periods:

• sale – 2 years,
• lease – 1 year from the return of the item,
• transport and forwarding – 1 year.

The limitation period begins when the claim becomes due, i.e. when the debtor should satisfy it. For most claims, the limitation period ends at the end of the calendar year, unless it lasts less than two years.

Claims from invoices – when do they expire?

The statute of limitations on claims arising from invoices most often applies to entrepreneurs. In such cases, the limitation period is three years, counting to the end of the calendar year, in accordance with the general rule for claims related to business activities. However, it is worth taking into account exceptions resulting from specific types of contracts.

Is it possible to interrupt the limitation period?

Yes. A creditor can effectively interrupt the limitation period by taking certain actions. According to Article 123 of the Civil Code, these include:

• bringing a case before a court or enforcement authority,
• acknowledgment of the claim by the debtor – e.g., by entering into a settlement agreement.

Once the limitation period has been effectively interrupted, it starts running again. The most common practice is to file a lawsuit – however, it is important that it is formally correct and actually aims to pursue the claim, and not just to “stop” the limitation period (such action may be considered an abuse).

Note: from June 30, 2022, a summons to a settlement hearing will no longer interrupt, but only suspend the limitation period – which means that the time does not start again, but resumes after the end of the proceedings.

Can a court judgment also become time-barred?

Yes. Even if a claim has been confirmed by a court judgment, this does not mean that it can be pursued indefinitely.

Pursuant to Article 125 of the Civil Code:

• claims confirmed by a final judgment or payment order expire after 6 years,
• in the case of periodic benefits – after 3 years.

At this point, it is worth taking action, e.g., referring the case to a bailiff. Simply put, if the creditor does not order enforcement at least once every six years, they may lose the right to do so.

It is also worth remembering that the 2018 amendments to the law introduced transitional provisions, the interpretation of which can be complicated. In such cases, the assistance of a lawyer is particularly recommended.

Summary – how to prevent the statute of limitations from expiring?

The statute of limitations allows debtors to effectively evade payment. To prevent this, creditors should take proactive measures: file lawsuits, enter into settlements, and initiate enforcement proceedings. It is also crucial to correctly calculate the limitation period and choose the right moment to intervene.

If your company regularly struggles with expiring receivables, it is worth developing an appropriate debt collection strategy. Our lawyers can help you with this – both in assessing current cases and in preparing preventive measures for the future.