PESEL in civil proceedings - when is it necessary?
PESEL in civil proceedings is a new obligation under the amendment to the provisions of the civil procedure from July 7, 2013. It should be placed on all letters sent to the court. The purpose of the introduced amendment was to minimize the risk of errors related to the erroneous marking of the parties' personal data, both in proceedings before civil courts and in enforcement proceedings conducted by court bailiffs.
Obligation to provide the PESEL number in civil proceedings - in the procedural letter
The introduced changes impose the obligation to indicate in the first letter sent to the court by the plaintiff his PESEL number or tax identification number - NIP. Another change in this direction provides for an obligation on the part of the court to determine the number
PESEL in civil proceedings applies to the defendant if he is a natural person and the KRS number (or other appropriate register) in the case of legal persons.
The court should perform this obligation ex officio by sending a query to the PESEL database or the Central Register and Information on Economic Activity. However, if in the course of actions taken by the court to determine the PESEL number it turns out that there are difficulties in obtaining such information (e.g. in a situation where more people with the same name and surname live on a given street), the court has the right to summon the claimant to submit additional information about the defendant known to him, which could help in identifying his PESEL number. It is in the interest of the plaintiff to provide such information to the court, but if he does not, he must take into account that the court, being unable to proceed with the case, may suspend the proceedings.
PESEL number in electronic writ proceedings
Also in the case of electronic writ of payment proceedings, the compulsory provision of the PESEL number (NIP / KRS number) by the plaintiff was introduced. In the event of such proceedings, the defendant not only has to provide his identification data, but also should indicate the appropriate PESEL number (NIP / KRS number) of the defendant. At the same time, it is important that the plaintiff may be fined for deliberately indicating incorrect data or for failure to hesitate due diligence.
Summarizing the considerations made so far, it should be stated that it should be in the interest of the plaintiff, regardless of the type of proceedings, to seek to obtain the PESEL number of his contractor. Certainly, the PESEL number in civil proceedings will significantly facilitate the enforcement of receivables in court in the future.