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Payment Order Proceedings — How to Challenge a Court Order

What is a Payment Order?

A payment order (nakaz zapłaty) is a court decision issued without a hearing, based solely on documents attached to the claim. The court orders the defendant to pay a specified amount within 14 days of service — or file an objection.

Polish law provides two types: order for payment proceedings (postępowanie nakazowe, Art. 484¹ CPC) and admonitory proceedings (postępowanie upominawcze, Art. 497¹ CPC).

Order for Payment vs. Admonitory Proceedings

In order for payment proceedings, the court issues the order based on documents of special evidentiary value: promissory notes, checks, notarially authenticated contracts, or debt acknowledgments. The order is immediately enforceable.

In admonitory proceedings, an invoice, contract, or payment demand suffices. An admonitory order loses force entirely upon effective filing of an objection — the case proceeds to standard litigation.

The 14-Day Deadline

From the moment the order is served, a 14-day deadline runs for filing formal objections (zarzuty) or a statement of opposition (sprzeciw). This deadline is absolute — missing it results in the order becoming final and enforceable.

Since 2019, court bailiff service rules apply (Art. 139¹ CPC) — if the defendant didn't collect the letter, the court orders re-service through a bailiff.

How to Effectively File an Objection

The objection must meet formal requirements: identification of the court, parties, case number, scope of challenge, and substantive arguments. The most common defenses include: statute of limitations, lack of maturity, defects in declaration of intent, set-off, performance, or non-existence of the obligation.

Costs and Fees

Filing objections in order for payment proceedings requires a fee of 3/4 of the proportional fee (3.75% of the amount in dispute). Filing opposition in admonitory proceedings is free of charge.

Electronic Payment Order Proceedings (EPU)

Orders issued in EPU by the e-Court in Lublin are a separate category. Opposition to an e-order doesn't require justification — a simple statement of challenge suffices.

Update: CPC Amendment of 5 August 2025 (Journal of Laws 2025, item 1172)

The CPC amendment introduces changes relevant to payment order, admonitory and EPU proceedings. They enter into force in stages:

From 10 September 2025 (already in force):

EPU — bailiff service excluded. Article 139¹ CPC no longer applies in electronic payment order proceedings. Service of an e-order to the registered address (from the PESEL registry) is effective without bailiff service. Bailiff service still applies in "traditional" admonitory and payment order proceedings.

Mediation — silence as consent. If a party does not respond to a mediation referral within one week of service of the court order, this is treated as consent. Objection requires an express declaration.

From 1 March 2026:

Court filings via the Court Information Portal — professional representatives may file selected pleadings (including opposition to payment orders and objections) through the Court Information Portal (Portal Informacyjny). From 1 March 2027 this will become mandatory — filings made in any other form will have no legal effect.

Service between representatives via the Portal — filing a pleading through the Portal and obtaining confirmation of delivery to the other party is equivalent to direct service. The requirement to include a declaration of service in the pleading has been abolished.

Mediation in construction disputes — in cases arising from construction contracts (Art. 458³ᵃ CPC), the court must refer the parties to mediation after an opposition or objections are filed. Unjustified refusal of mediation may result in a costs order (Art. 103 § 3 CPC).

These changes do not modify the core rules described in this article (challenge deadlines, fees, formal requirements, EPU e-Court Lublin).

Received a payment order and unsure how to respond? Get in touch — I'll assess your options and prepare the objection within the deadline.

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