Bill of exchange payment order - court proceedings


The use of promissory notes in business transactions creates a lot of certainty on the side of promissory note creditors. In the article below, we will focus on the benefits that arise at the stage of possible judicial recovery of receivables from a promissory note and describe how the order for payment from a promissory note works.

How to write a lawsuit regarding a claim under a promissory note?

First of all, the main benefit of a promissory note in proceedings is the possibility of applying for an order for payment in an order for payment. It should be remembered here that it is not obligatory - the claimant should clearly apply to the court in the petition for an order for payment.

To the lawsuit, in accordance with Art. 485 § 4 of the Code of Civil Procedure, it is necessary to attach the original promissory note. Failure to do so results in a summons to submit, and in the event of failure to join within the prescribed period, the court will return the statement of claim. It is also necessary to submit a request for payment.

How are the legal proceedings related to the bill of exchange proceeding?

Prescriptive proceedings are conducted in a secret manner - without the participation of the parties. There are no hearings. During the proceedings, the court will check whether the truthfulness and content of the promissory note raise any doubts. It will also examine the formal conditions for creating a promissory note, eg a document that does not contain the term "promissory note" is not a promissory note. The court ex officio controls the formal validity of the promissory note, therefore special attention should be paid to the use of correct promissory notes in trade (Judgment of the Supreme Court of September 17, 2004, V CK 60/2004).

Is an enforcement clause necessary?

Even more important for promissory note creditors is the possibility specified in Art. 492 § 3 of the Code of Civil Procedure, which provides that the promissory note payment order becomes immediately enforceable after the deadline for settling the claim (two weeks). Therefore, irrespective of whether the defendant raises objections against such an order, once the order has been declared enforceable, it will constitute an enforceable title to initiate enforcement. Also after the defendant has brought the correct charges.

Payment order from a promissory note - advantages in enforcement proceedings

Very often used in the case of payment orders from a promissory note is a security that allows you to quickly seize the debtor's property before enforcement proceedings take place. Such an order without a clause is immediately enforceable, the security may be established by the bailiff, e.g. by seizing funds on the bank account on the same day when the order for payment from the promissory note was received. However, these funds will not be released to the creditor until the case is closed. Until then, they will remain in judicial deposit. The disadvantage of the collateral is the amount of the fee (2% of the debt), which cannot be added to the amount of the collateral, just as the future costs of enforcement cannot be added.