PESEL number and court debt collection

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A frequent and, unfortunately, from the point of view of debt collection, an undesirable practice is the lack of using PESEL in relations with contractors. This causes additional difficulties at the stage of recovery. What is the significance of the PESEL number in judicial debt collection?

When is the PESEL number necessary in civil proceedings?

Since July 7, 2013, changes have been in force in the civil procedure, which introduced the PESEL number to civil proceedings. The purpose of the changes was to reduce the occurrence of mistakes in civil courts and in the course of enforcement activities of bailiffs resulting from incorrect marking of personal data of defendants. Changes were made to three important parts of the procedure. First of all, the amended Art. 126 § 2 of the Code of Civil Procedure It indicates that the plaintiff's first letter in the case should indicate its number from the Universal Electronic System for Population Registration (PESEL) or tax identification number (NIP).
The change also applies to the Electronic Payment Procedure. Pursuant to Art. 50532 § 2 of the Code of Civil Procedure, the plaintiff, when submitting an e-suit, should indicate not only his PESEL number (NIP / KRS number), but also the appropriate number of the defendant.

Will the court check the given PESEL number or its lack?

The defendant's PESEL number should be determined ex officio by the court, if he is a natural person, or a number from the National Court Register or other relevant register, records or NIP number (new Article 2081 of the Code of Civil Procedure). When fulfilling this obligation, the court directs the relevant query to the PESEL database or the Central Register and Information on Economic Activity. In the event of difficulties with its determination, due to the fact that several people with the same name and surname reside in a given town or street, the court is entitled to call the claimant to provide additional information about the defendant allowing for the identification of the appropriate PESEL number. If the plaintiff fails to provide the defendant's supplementary data, the court, being unable to proceed with the case, is entitled to suspend the proceedings (Art. 177 § 1 item 6, new wording).

PESEL number - penalty for giving the wrong number

Incorrect marking of the above data or data pursuant to Art. 126 § 2 point 1 of the Code of Civil Procedure it is reinforced by a sanction in the form of a fine imposed on the claimant, if the indication of incorrect data was due to bad faith or failure to exercise due diligence.

This results in an important conclusion for participants of business transactions - in all contracts or business relations, they should strive to learn the PESEL number of their contractor, which will significantly facilitate possible court proceedings.

What about matters before the amendment? Do you also need a PESEL number?

This problem became the reason for the considerations of the Supreme Court, which in the judgment of 30 May 2014 (III CZP 22/14) adopts the following resolution:

 

"When giving the enforcement clause to judgments of courts or court referendaries issued in proceedings initiated before 7 July 2013 and court settlements concluded in proceedings instituted before that date, the content of the enforcement clause does not indicate the information covered by § 21 of the Regulation of the Minister of Justice of 5 April 2012 on the wording of the enforcement clause (Journal of Laws of 2012, item 443 as amended. Journal of Laws of 2013, item 859). "


Therefore, when submitting an application for a clause in an old case, completed before 2013, the claimant cannot be required to provide the debtor's PESEL number. The same applies to cases initiated before July 7, 2013 and not completed.