“Speed is the essence of war,” Sun Tzu wrote. In the realm of judicial debt collection, the payment order embodies precisely this kind of lightning strike: a ruling issued without a hearing, without listening to the debtor, based solely on the creditor’s assertions and documents. For those who are in the right and can prove it on paper, this is the shortest path to an enforceable title.
Two Proceedings, One Objective
Polish law recognizes two tracks for obtaining a payment order: the order-for-payment proceeding (postępowanie nakazowe) and the admonition proceeding (postępowanie upominawcze). Though both lead to similar outcomes, they differ as cavalry differs from infantry—in striking power, requirements, and consequences for the adversary.
The order-for-payment proceeding is a weapon for creditors armed with documents of high evidentiary value. A payment order issued through this track constitutes an immediately enforceable security title without the need for a separate enforceability clause—you can freeze the debtor’s bank account before he has even had the chance to file objections. “Surprise is one of the principal elements of war,” Clausewitz observed. The order-for-payment realizes this principle with surgical precision.
The admonition proceeding is more accessible but yields a weaker instrument. An admonition order does not itself constitute a security title, and a successful objection by the debtor causes it to lose effect entirely, shifting the case to ordinary proceedings. Think of it as a settlement proposal in the form of a court ruling: if the debtor remains silent, the creditor wins; if he protests, the matter proceeds to trial.
When Will the Court Issue a Payment Order?
Payment orders serve to enforce monetary claims and claims for the delivery of fungible goods. You will not obtain an order for the surrender of a specific item, the performance of a service, or the making of a declaration of intent. Money or goods defined by type—these are the only battlefields for this instrument.
The Order-for-Payment Proceeding—An Arsenal of Documents
The court will issue an order in the order-for-payment proceeding if the facts substantiating the claim are proven by:
—an official document, —a bill accepted by the debtor, —a demand for payment together with the debtor’s written acknowledgment of debt, —a payment demand accepted by the debtor and returned by the bank due to insufficient funds, —a bill of exchange, check, warrant, or reverse duly completed, whose authenticity and contents raise no doubts, —a contract, proof of performance of a reciprocal non-monetary obligation, and proof of delivery of an invoice, where the creditor seeks payment under the Act on Counteracting Excessive Delays in Commercial Transactions.
Each of these documents is a ticket of admission to the order-for-payment proceeding. Absent even one, the court will not issue an order through this track—though it may direct the case to the admonition path.
The Admonition Proceeding—The Default Track
The admonition proceeding is mandatory: when the prerequisites are met, the court or court referee applies it ex officio. It requires no special documentation—it suffices that the claim appears credible at first glance.
The court will not issue an order in the admonition proceeding if:
—the claim is manifestly unfounded, —the factual allegations raise doubts, —satisfaction of the claim depends on reciprocal performance, —the defendant’s whereabouts are unknown or service of the order cannot be effected domestically.
Strategy Before Filing the Complaint
“Every battle is won or lost before it is ever fought”—another of Sun Tzu’s maxims, and one that fits the order-for-payment proceeding perfectly. The preparation of documentation before filing determines the fate of the entire case.
For the order-for-payment proceeding:
Gather all documents that could serve as the basis for issuing an order. Verify that the bill of exchange is properly completed, that the invoice was delivered, that the acknowledgment of debt is unambiguous. A single formal error—and instead of an order-for-payment you will receive, at best, an admonition order, losing the advantage of security.
For the admonition proceeding:
Though the documentary requirements are lower, do not neglect preparation. The court must find the claim credible. Attach the contract, correspondence, proofs of delivery, demands for payment. The more solid the documentation, the lower the risk that the court will refuse to issue an order.
Tactics for Filing the Complaint
You file the complaint for a payment order with the court having jurisdiction under the general rules—typically according to the defendant’s domicile or registered office, unless the contract provides for different jurisdiction or the claim arises from business activity.
In a complaint seeking a payment order in the order-for-payment proceeding, you must expressly request issuance of an order through this track. This is a discretionary proceeding—without your motion, the court will not apply it.
In the admonition proceeding, a motion is not necessary. The court itself will assess whether the case qualifies. But nothing prevents you from indicating that you expect an order—this signals to the court that the documentation is complete.
What Happens Next? Scenarios After the Order Is Issued
Scenario one: the debtor remains silent. The payment order becomes final. In the order-for-payment proceeding—after the deadline for filing objections expires. In the admonition proceeding—after the deadline for filing a statement of opposition expires. You file a motion for an enforceability clause and direct the matter to the bailiff.
Scenario two: the debtor defends himself. In the order-for-payment proceeding, he files objections—the case proceeds to a hearing, but the order does not lose effect and remains a security title. In the admonition proceeding, he files a statement of opposition—the order loses effect, and the case reverts to ordinary proceedings.
Scenario three: service proves impossible. If the order cannot be served on the defendant, the court vacates it ex officio. This is a common trap—an outdated address for the debtor can nullify an entire strategy.
Fees—The Economic Calculus
The filing fee in the admonition proceeding equals that of ordinary proceedings, but if the defendant does not file a statement of opposition, the court will refund three-quarters of the fee. This is an incentive to use this track for undisputed claims.
In the order-for-payment proceeding, the fee amounts to one-quarter of the ordinary fee (no less than thirty złoty). This represents significant savings—on a claim of two hundred thousand złoty, instead of ten thousand you will pay twenty-five hundred. If, however, the defendant files objections, you will need to pay the remaining three-quarters.
When Is a Payment Order the Wrong Choice?
Not every war lends itself to a blitzkrieg. A payment order will not serve you well when:
—the claim requires the taking of evidence (witnesses, expert opinions), —the very basis of liability is in dispute, —the debtor has legitimate defenses that he will raise anyway upon receiving the order, —the debtor’s address is uncertain or requires service abroad.
In these cases, it is better to file a complaint in ordinary proceedings from the outset—you will avoid losing time on a proceeding that will end up at a hearing regardless.
The payment order is no panacea for every creditor’s problem, but in the hands of one who understands its mechanics, it becomes an instrument that is swift, economical, and effective. Like any weapon, it requires skill to deliver victory.
Skarbiec Law Firm—debt recovery with precision and strategy.