Statement of Opposition to a Payment Order: The Art of Defense Under Attack
“Defense is the stronger form of waging war,” Carl von Clausewitz wrote in On War. A payment order in the admonition proceeding represents an attack by the creditor, conducted without your knowledge or participation. The statement of opposition is your answer—the only weapon capable of halting the machinery of enforcement before it gains full momentum.
The Anatomy of an Admonition Order
A payment order in the admonition proceeding is a ruling issued in chambers, based solely on the plaintiff’s assertions. The court does not examine evidence, does not hear your arguments, does not know your side of the story. It assumes the creditor is right—unless you speak up.
“In defense, the most important thing is to wait,” Helmuth von Moltke the Elder observed. But waiting for the order to become final is the worst possible strategy. You have two weeks from the date of service to file your opposition. Not a day more.
The Effect of Opposition: Resetting the Game
A properly filed statement of opposition produces an effect unknown to any other remedy in Polish civil procedure: the payment order loses effect. It is not vacated, not modified—it ceases to exist, as though it had never been issued.
The Court of Appeals in Białystok put it precisely: after the order loses effect, “proceedings continue as if the payment order had never been issued at all, and the case begins anew from the moment it was brought before the court.” You return to square one—but now with the opportunity to present your version of events.
“The best defense is one that compels the enemy to attack where we wish to fight,” Napoleon was fond of saying. The statement of opposition achieves precisely this: it shifts the dispute from the terrain chosen by the creditor to the neutral ground of a court hearing.
Full or Partial Opposition?
The strategy of defense depends on the facts. You may challenge the order:
In full—when you contest the existence of the debt, its maturity, the creditor’s standing, or have other defenses relating to the entire claim.
In part—when you acknowledge a portion of the debt but contest the remainder (for example, the amount of interest, part of the principal, costs). In the unchallenged portion, the order will become final and will have the effect of a final judgment.
“Never fight a battle that gains you nothing, even if you win it,” Erwin Rommel wrote. If you concede part of the debt, concentrate the force of your arguments on what you can actually defend.
Co-Defendants: Solidarity or Individualism?
When the order has been issued against multiple persons, each co-defendant decides independently. The opposition of one does not protect the others—the order loses effect only as to the party who defended himself. For the rest, it will become final and constitute an enforceable title.
The exception is uniform joinder—when, by the nature of the legal relationship, the judgment must be identical for all (for example, partners in a civil partnership in a dispute over an obligation of the partnership). In that case, the opposition of one operates to the benefit of all.
“An army of sheep led by a lion will defeat an army of lions led by a sheep”—this Arab proverb has procedural application: one active co-defendant can save the entire group, provided they are bound by uniform joinder.
What Must the Statement of Opposition Contain?
The statement of opposition is a procedural document that must satisfy formal requirements. The absence of even one element can result in dismissal:
—designation of the court to which it is addressed, —names of the parties, their statutory representatives, and attorneys, —the case reference number, —an indication that the document is a statement of opposition to a payment order, —the scope of the challenge (full or partial, and if partial, which portion), —defenses against the claim, —factual circumstances and evidence in support, —the signature of the party or attorney.
“The devil is in the details,” Gustave Flaubert observed. In civil procedure, this is no metaphor. A missing signature, an error in the case number, an unclear scope of challenge—any mistake can be fatal to your defense.
Defenses: The Debtor’s Arsenal
An opposition without defenses is a dead document. You must tell the court why the creditor is wrong. Typical defenses include:
Defense of performance—you paid, but the creditor did not account for it. Attach proof: wire transfer confirmations, receipts.
Defense of limitation—the claim is time-barred. The court does not examine this ex officio; you must raise the defense.
Defense of set-off—you have a counterclaim against the plaintiff. You may present it for set-off.
Defense of nonexistence of the obligation—the contract is void, was never concluded, or was forged.
Defense of lack of maturity—the debt exists, but the due date has not yet arrived or a condition has not been fulfilled.
Defense of improper venue—the case should be heard by a different court. Note: this defense must be raised before engaging on the merits.
The Deadline: Two Weeks and Not a Day More
The deadline for filing a statement of opposition is two weeks from the date of service of the order. This is a statutory deadline—immovable, unextendable through ordinary means.
“Time is everything”—Frederick the Great’s maxim has absolute force in civil procedure. An opposition filed after the deadline will be dismissed, and the order will become final. The creditor will obtain an enforceable title; the bailiff will come knocking.
The only escape hatch: reinstatement of the deadline under Article 168 of the Code of Civil Procedure, but only if the failure occurred through no fault of your own. Illness, flood, fire—extraordinary circumstances. “I forgot” or “I was busy” will not suffice.
What Happens After Filing the Opposition?
The order loses effect. The case returns to the docket. But this is only the beginning—now an ordinary trial awaits:
Hearing—the court will set a date, hear both parties, take evidence.
Judgment—after closing the hearing, the court will render judgment. It may dismiss the claim (you win), grant it in full (you lose), or grant it in part.
Appeal—both parties may appeal the judgment to the court of second instance.
“Every battle won opens the way to the next,” Basil Liddell Hart wrote. A successful opposition is not the end of the war; it is the transition to the next phase. But now you fight on equal terms.
The Fee for Opposition: Defense at No Cost
In the admonition proceeding, the statement of opposition is not subject to a fee. This is a rare gift from the legislature—you may defend yourself without incurring upfront costs.
Compare this with the order-for-payment proceeding, where objections to the order cost three-quarters of the filing fee for the complaint (with a cap of 750 złoty for consumers). In the admonition proceeding—zero.
Mistakes That Can Cost You the Case
Inaction—ignoring the order is the most common and most costly error. The order will become final; enforcement will commence.
Late filing—one day past the deadline means dismissal of the opposition.
Lack of substantive defenses—the opposition must contain arguments, not merely protest.
Wrong addressee—the opposition is filed with the court that issued the order, not sent to the plaintiff.
Missing signature—a formality that can nullify an entire defense.
“Mistakes are inevitable in war; military operations do not exist without risk,” Dwight Eisenhower wrote. But procedural errors are avoidable—all that is required is knowledge of the rules and discipline in applying them.
The statement of opposition to a payment order is not merely a remedy—it is your right to be heard. The creditor had his chance before the court; now it is your turn. Use it wisely.
Skarbiec Law Firm—defense against claims with precision and determination.