Limitation periods in Poland
If the creditor is in possession of a claim against a Polish debtor, it is necessary to check whether the limitation of claim is not applicable in the case. If the creditor’s actions in order to recover a debt in Poland are being started too late, the debtor is able to defend himself with a plea of limitation of the claim, which may deprive the creditor of the possibility of further pursuing the claim.
It is therefore necessary to initiate debt collection proceedings against the debtor before the claim is statute-barred. The general rule according to the Polish Civil Code indicates the general limitation period as 6 years. This period is calculated starting from the day where the claim is due. This is however a general rule and there are shorter limitation periods in relation to financial claims.
If the claim is based on the business related transaction or activities, the limitation period of such claim is 3 years.
There is also a specified rule stating that if the claim is based on sale contract, the applicable limitation period for such kind of claim is 2 years. Then, the creditor has only 2 years to recover his outstanding invoices from the Polish debtors.
If the claim is based on carriage of goods or carriage of persons, the limitation period is only 1 year.
The last two above sorts of limitation periods concern the most popular types of cases we conduct at EW COLLECTIONS against the debtors in Poland.