Principles of vindication of receivables from a bill of exchange - what does it look like?

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The functioning of the promissory note institution in Polish economic turnover creates a certain privilege for promissory note creditors in the event of judicial enforcement of their receivables. In the article below, we will focus on illustrating the facilities available to creditors in connection with the recovery of receivables from a promissory note.

One of the most important benefits related to a promissory note in proceedings is the right to submit an application for an order for payment in an order for payment. It is worth emphasizing at this point that this is a right and not an obligation of the party, however, it is in the interest of the plaintiff to submit an appropriate application to the court in the statement of claim.

The Code of Civil Procedure, in Article 485 § 4, provides for the obligatory requirement for the promissory note to be submitted in the original. The sanction for failure to comply with this obligation is the return of the statement of claim, however, before that, the court will summon the party to submit the original document. In addition, another requirement is the submission of a payment order.

Receivables from a promissory note - court proceedings

The general principle of the injunction proceedings is the fact that the case under the promissory note is heard in closed session, i.e. without the participation of the parties. In the course of such proceedings, the court examines the authenticity of the promissory note, its content and the formal conditions for its creation. The formal examination of the promissory note validity is carried out by the court ex officio. The purpose of the research conducted around the promissory note is to establish whether there are any doubts as to the legitimacy of conducting the writ of payment proceedings. At this point, it is worth remembering that in the writ of payment proceedings, the court hears only cases that do not raise any doubts.

Enforcement clause in court proceedings

A very important issue is the fact that the issued order for payment on the basis of a promissory note is immediately enforceable, i.e. it becomes immediately enforceable after the deadline for settling the claim (14 days). Therefore, such an order issued already has an enforcement clause and constitutes an enforceable title to initiate enforcement even if the plaintiff correctly submits the allegation to the court.

Payment order in enforcement proceedings and receivables from a bill of exchange

A fairly common phenomenon in the case of issuing a promissory note order is the establishment of a security, the main purpose of which is to enable the debtor's assets to be seized quickly, even before the enforcement proceedings begin. Such security can be made through a bailiff. The speed of this process is manifested in the fact that the bailiff, after receiving such an order for payment, may attach the debtor's bank account on the same day on which he obtained such an order. It is worth bearing in mind here that the funds seized on the debtor's bank account will be transferred to the creditor only after the bill of exchange issue is completed, and during this time they will be kept in court deposit.

The only drawback of establishing a security may seem to be the amount of the fee, which is 2% of the debt. Unfortunately, both the aforementioned fee and future costs of enforcement cannot be added to the amount that is secured in the case concerning the recovery of receivables from the promissory note.