Why Interim Relief Matters
Commercial litigation in Poland takes an average of 12-24 months. During that time, the debtor may dispose of assets, transfer them to third parties, or become insolvent. Interim relief proceedings (Art. 730-757 CPC) allow you to block such actions before a judgment is rendered.
Prerequisites for Interim Relief
The applicant must demonstrate: existence of the claim and legal interest in granting relief — showing that lack of interim measures would seriously impede enforcement of a future judgment.
Types of Interim Measures
- Freezing bank accounts — most effective, but requires identifying the debtor's bank
- Attachment of receivables — e.g., amounts due from the debtor's contractors
- Prohibition on disposing of real estate — warning entry in the land register
- Prohibition on disposing of movables — e.g., vehicles, machinery, inventory
Pre-Action Interim Relief
An application for interim relief can be filed before filing the main claim. The court then sets a deadline — usually 14 days.
Ex Parte Proceedings
The court examines the application without the debtor's participation — within a week of filing. The element of surprise is crucial.
Counter-Security
The court may condition the granting of relief on the applicant posting security — as a guarantee to cover potential damages to the other party.
Worried the debtor is disposing of assets? Get in touch — I'll assess the situation and prepare an application for interim measures.