FAQ

Is filing a statement of claim the only way in which proceedings can be instituted?: An alternative way of commencing proceedings is to file an application for settlement at court.

This procedure allows the parties to settle with the sanction of the court before proceedings have commenced and at a much lower cost. A court settlement can be concluded in the course of proceedings after the statement of claim has been filed, however, in such a case only half of the court fee, as a rule equal to 5% of the value of the claim, is returned to the plaintiff. On the other hand, the court fee for filing an application for settlement before proceedings have commenced is fixed and equals PLN 40 (€ 12). In both cases the settlement has the same legal effect. An application for settlement is highly recommended in cases where it is likely that the parties will reach agreement. It is also a common means of interrupting the running of the limitation period laid down by the statute of limitations.

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