How to obtain a European Payment Order?
How to get a European Payment Order?
The European Payment Order was introduced into the Polish system by the Regulation of the European Parliament and of the Council (EC) No. 1896/2006. The essence of the European Payment Order is the possibility of direct enforcement of its claims against a foreign debtor, i.e. the creditor has the right to claim repayment of pecuniary claims in civil and commercial matters from persons who have their place of residence or registered office (in the case of legal persons) in a Member State of the European Union ( except Denmark). A necessary condition is the presence of a cross-border element. An important issue introduced by the aforementioned regulation is a number of exemptions provided for certain categories of obligations, including public and tax law, bankruptcy or non-contractual.
European Payment Order - procedure
The entire procedure for obtaining a European Payment Order is form-based. Before obtaining such an order, the court examines the legitimacy and formal aspects of the claim. If the statement of claim complies with the requirements, the court will issue a European Order for Payment immediately (within a maximum of 30 days). The defendant may object to the order (within 30 days of service), which will cause further proceedings to be pending before the court issuing the European Order for Payment (i.e. before a court in a Member State) and the general provisions of the Code of Civil Procedure will apply. If the defendant does not object, the court will declare the European Order for Payment enforceable and it will be recognized and enforced in other Member States of the European Union. In this case, a declaration of enforceability of the order abroad is not required, and there is no possibility to object to recognition by other states. As a result, having such an order, the creditor may go with it to a bailiff in a given Member State and start enforcement proceedings against the debtor.