- Business in Poland -

Payment Order – objection/pleas and what happens next (deadlines, effects, costs)

A payment order is a court decision issued in closed session, without hearing the defendant, in which the court orders the debtor to pay a specified amount (with interest and costs) or to perform another obligation. In business practice, a payment order is often the first sign of a dispute and, at the same time, the start of very short deadlines - missing them may open the door to enforcement.

Payment order - what to do after service

After a payment order is served, it is crucial to quickly determine: (1) which procedure the order was issued under (order for payment procedure, payment order proceedings, electronic order for payment procedure - EPU), (2) when service actually occurred, (3) whether the order already has an enforcement clause and whether the creditor can initiate enforcement.

Basic organisational steps that typically reduce risk:

• secure envelopes and proof of receipt (to determine the deadline for an objection or pleas),
• verify the documents relied on by the claimant (invoices, contracts, delivery confirmations, assignments),
• check whether the claim is time-barred, undue, or disputed as to the amount,
• assess whether you need to apply to stay enforcement of the order or to lift/limit any security.

Objection to a payment order vs pleas - differences and deadlines

The appropriate remedy depends on the procedure:

• objection to a payment order - generally in the order for payment procedure (including EPU),
• pleas against a payment order - in payment order proceedings.

Deadline for filing an objection

The deadline for filing an objection to a payment order in the order for payment procedure is 14 days from service of the order (Article 502 of the Polish Code of Civil Procedure) [1]. In EPU, the objection is also filed within 14 days of service and must be submitted in the manner indicated in the instructions (in EPU, as a rule, via the IT system) [1].

Deadline for filing pleas in payment order proceedings

In payment order proceedings, pleas must be filed within 14 days from service of the order (Article 493 § 1 of the Polish Code of Civil Procedure) [1]. This matters because in business practice it is common to ask about “pleas against a payment order (payment order proceedings)” and whether substantive defences can be raised only later. As a rule, allegations and evidence should be presented as early as possible, and late submissions may be disregarded (risk of late allegations and evidence being omitted) [1].

Effects of filing an objection or pleas

The effects of filing an objection in the order for payment procedure are usually the most favourable procedurally for the defendant: the payment order loses effect and the case continues under the ordinary procedure, with a full dispute as to facts and evidence (Article 505 § 1 of the Polish Code of Civil Procedure) [1].

In payment order proceedings, filing pleas does not always “set aside” the order in full immediately. The order may remain in force in the unchallenged part, and the court examines the case after the pleas are filed and issues a judgment (Articles 496-497 of the Polish Code of Civil Procedure) [1].

From an entrepreneur’s perspective, it is also important that a payment order may provide grounds for interim security measures and, in some configurations, for enforcement. Therefore, alongside the substantive defence, it is worth assessing liquidity and reputational risk (e.g., bank account attachment).

Payment order and enforcement: how to stay enforcement of the order

The question “how to stay enforcement of a payment order” most often arises where there is a risk of swift security measures or enforcement. The available tools depend on the procedure and the stage of the case:

• in the order for payment procedure, as a rule, the order is not immediately enforceable; after it becomes final and an enforcement clause is granted, it may become an enforceable title enabling enforcement - the key is to file the objection on time [1],
• in payment order proceedings, the order as a rule is enforceable without an enforcement clause to the extent specified in Article 492 § 1 of the Polish Code of Civil Procedure (including monetary claims and delivery of fungible goods), which increases the importance of applications to stay enforcement or to lift/limit security if security has been granted (Article 492 et seq. of the Polish Code of Civil Procedure) [1],
• where service was defective or the deadline was missed without fault, it may be possible to consider an application for reinstatement of the deadline (Article 168 et seq. of the Polish Code of Civil Procedure) [1].

Choosing the right remedy requires reviewing the case file, the instructions, and whether the creditor has already initiated bailiff enforcement. In cases where the company’s operating accounts are at stake, it is standard to prepare the procedural defence in parallel with measures limiting immediate financial impact.

Objection fee and litigation costs

In practice, the question “objection fee” comes up frequently. In the order for payment procedure, an objection is generally not subject to a separate court fee (the claimant pays the statement-of-claim fee). However, in payment order proceedings, a defendant filing pleas pays a fee equal to the difference between the fee due on the statement of claim and the fee paid by the claimant in payment order proceedings (Act on Court Fees in Civil Cases) [2]. The amount and calculation method depend on the value of the dispute and the procedure, so they must be verified on the specific facts.

Final costs also include legal representation costs according to the rates set out in the relevant regulations (separately for legal advisers and advocates) [3], as well as potential enforcement costs if bailiff proceedings are initiated [4].

Most common defence strategies in commercial cases

In disputes between companies, the defence rarely boils down to a simple “it wasn’t paid”. Common grounds include, among others:

• lack of due and payable status of the claim (e.g., disputes over acceptance, handover/acceptance protocols, payment terms),
• set-off of a counterclaim (provided the substantive law requirements are met),
• limitation defence (based on the Polish Civil Code, depending on the type of claim) [5],
• improper performance of the contract and claims under warranty/guarantee,
• lack of standing (e.g., defective assignment, no legal succession).

In cases where the payment order forms part of a broader contractual conflict, the defence should be aligned with the business objective: either swift dismissal of the claim, or negotiations and a settlement that safeguards operational continuity. In this context, related commercial disputes and litigation risks in other proceedings are often also analysed.

Mistakes that usually cost the most

• missing the deadline for an objection or pleas due to errors in handling correspondence,
• filing a submission without presenting all allegations and evidence at the outset (risk of late evidence being omitted),
• failing to take parallel steps to stay enforcement or limit security,
• determining too late whether the order concerns the correct entity (e.g., errors in party identification, legal succession).

In cases where a payment order creates a risk of attachment or escalation of the dispute, it may be justified to promptly commission a procedural and document review - for this purpose, you can get in touch via https://kkz.com.pl/.

This material is for informational purposes only and does not constitute legal advice.

FAQ: Payment order - objection/pleas and what happens next (deadlines, effects, costs)

Does an objection to a payment order always “cancel” the order?

In the order for payment procedure, filing an objection within the deadline causes the payment order to lose effect and the case to be examined further under the ordinary procedure (Article 505 § 1 of the Polish Code of Civil Procedure) [1].

What is the deadline for filing an objection to a payment order?

As a rule, 14 days from service of the payment order (Article 502 of the Polish Code of Civil Procedure) [1]. The exact method of calculating the deadline follows the rules on procedural time limits (Article 165 et seq. of the Polish Code of Civil Procedure) [1].

When do you file pleas against a payment order (payment order proceedings)?

When the order was issued in payment order proceedings. The deadline for filing pleas is 14 days from service (Article 493 § 1 of the Polish Code of Civil Procedure) [1].

How do you stay enforcement of the order if enforcement is threatened?

The tools depend on the procedure and stage. In practice, this may include applications to stay enforcement, to limit security, and - if the deadline was missed without fault - an application for reinstatement of the deadline (Article 168 et seq. of the Polish Code of Civil Procedure) [1].

Does filing an objection involve a fee?

Most often, an objection in the order for payment procedure does not require a separate fee. It may be different for pleas in payment order proceedings, where an additional fee becomes due under the Act on Court Fees in Civil Cases [2].

Does a payment order mean the case is lost?

No. A payment order is often issued without the defendant’s participation, based on the claimant’s allegations and documents. An effective objection or pleas open the way to a substantive dispute and presenting evidence [1].

Bibliography

• [1] Act of 17 November 1964 - Polish Code of Civil Procedure (consolidated text: Journal of Laws 2024, item 1568, as amended).
• [2] Act of 28 July 2005 on Court Fees in Civil Cases (consolidated text: Journal of Laws 2024, item 959, as amended).
• [3] Regulation of the Minister of Justice of 22 October 2015 on fees for activities of legal advisers (consolidated text: Journal of Laws 2023, item 1935) and Regulation of the Minister of Justice of 22 October 2015 on fees for activities of advocates (consolidated text: Journal of Laws 2023, item 1964).
• [4] Act of 28 February 2018 on Bailiff Fees (consolidated text: Journal of Laws 2024, item 325, as amended).
• [5] Act of 23 April 1964 - Polish Civil Code (consolidated text: Journal of Laws 2024, item 1061, as amended).