What are the steps to file a lawsuit in Poland as a non-citizen?

Filing a lawsuit in a foreign country like Poland can feel overwhelming for non-citizens, particularly due to differences in legal systems, language barriers, and procedural requirements. However, Poland’s legal framework provides equal opportunities for both citizens and non-citizens to seek justice. This guide offers a comprehensive step-by-step explanation of how to file a lawsuit in Poland, along with essential tips to navigate the process effectively.

Step 1: Understand the Types of Cases You Can File

Before initiating legal action, it is crucial to determine the type of case you are pursuing. In Poland, lawsuits generally fall into the following categories:

1. Civil Cases

   • Examples: Contract disputes, property conflicts, debt recovery, or personal injury claims.

2. Family Cases

   • Examples: Divorce, child custody, child support, and inheritance disputes.

3. Commercial Cases

   • Examples: Disputes between businesses, breach of contract, or international trade conflicts.

4. Labor Cases

   • Examples: Employment-related disputes such as wrongful termination, wage disputes, or workplace harassment.

5. Criminal Cases

   • Non-citizens can also act as complainants or victims in criminal cases.

Each type of case has specific procedures and jurisdictional rules, so it’s vital to consult a legal expert to confirm the correct approach.

Step 2: Determine Jurisdiction and Competence

Jurisdiction determines whether Polish courts can hear your case. Key factors include:

• Location of the Defendant: Polish courts have jurisdiction if the defendant resides or is registered in Poland.
• Location of the Dispute: If the event or breach occurred in Poland, Polish courts may have authority.
• Contractual Agreements: Many contracts include jurisdiction clauses specifying which country’s courts will resolve disputes.

Poland’s court system is divided into district courts (Sąd Rejonowy) and regional courts (Sąd Okręgowy), depending on the type and value of the claim:

• Claims under 75,000 PLN usually fall under the jurisdiction of district courts.
• Claims above this threshold are handled by regional courts.

Step 3: Engage a Polish Lawyer

While it is not legally required to have a lawyer for all cases, hiring a Polish lawyer is highly recommended, especially for non-citizens unfamiliar with Polish laws and language. A lawyer can:

• Advise you on the legal merits of your case.
• Draft and submit the required legal documents.
• Represent you in court or during alternative dispute resolution (ADR) proceedings.

Ensure that your lawyer has expertise in the relevant area of law (e.g., commercial, civil, family) and is fluent in your preferred language.

Step 4: Prepare the Required Documentation

Gather all the evidence and documentation needed to support your case. Common requirements include:

1. Identification Documents

   • A valid passport or residence permit to verify your identity.

2. Case-Specific Documents

   • Contracts or Agreements: For contractual disputes.
   • Invoices or Receipts: For debt recovery or financial claims.
   • Photographs or Videos: For personal injury or property damage.
   • Medical Reports: For injury or negligence claims.

3. Correspondence

   • Emails, letters, or other communication that establish the details of the dispute.

4. Translation of Documents

   • If any documents are in a language other than Polish, they must be translated by a certified translator recognized in Poland.

Step 5: Draft and File the Statement of Claim (Pozew)

The statement of claim is the formal document that initiates a lawsuit. It must include:

1. Your Details

   • Full name, address, nationality, and contact information.

2. Defendant’s Details

   • The name and address of the person or entity you are suing.

3. Case Description

   • A detailed account of the dispute, including dates, locations, and relevant facts.

4. Legal Basis

   • References to Polish law or international treaties supporting your claim.

5. Relief Sought

   • The specific action or compensation you are requesting (e.g., monetary damages, fulfillment of a contract).

Step 6: Submit the Claim to the Court

1. Choose the Right Court

   • File the claim with the appropriate district or regional court based on the case type and monetary value.

2. Pay the Court Fees

   • Court fees are mandatory and vary based on the type and value of the claim.
     • Example: In civil cases, the fee is typically 5% of the claim’s value but may be capped for certain case types.

3. Submit Electronically or In Person

   • Many courts in Poland now allow electronic filing, but you can also submit documents in person or via post.

Step 7: Attend Court Hearings

After the claim is filed, the court will set a date for the first hearing. During this phase:

1. Prepare Your Arguments

   • Work with your lawyer to outline your case and gather any additional evidence.

2. Arrange for Interpretation (if needed)

   • If you do not speak Polish, you can request an interpreter or bring your own.

3. Present Your Case

   • Both parties present their evidence, call witnesses, and make arguments.

4. Follow Procedural Rules

   • Polish courts follow strict procedural guidelines, so ensure compliance with deadlines and evidence submission rules.

Step 8: Receive and Execute the Judgment

Once the court has heard the case, it will issue a judgment. If you win:

• The court may order the defendant to pay damages or take specific actions.
• You can enforce the judgment through bailiffs if the defendant fails to comply voluntarily.

If the judgment is unfavorable, you have the right to appeal within 14 days of receiving the written decision.

Alternative Dispute Resolution (ADR)

In many cases, Polish courts encourage parties to resolve disputes through mediation or arbitration before proceeding with litigation. ADR offers several advantages:

• Faster Resolution: Cases can often be settled in weeks instead of months or years.
• Cost Savings: Mediation and arbitration are generally less expensive than court proceedings.
• Confidentiality: Unlike court cases, ADR proceedings are private.

Key Considerations for Non-Citizens

1. Compliance with Polish Laws

   • Ensure that your claim adheres to Polish legal standards and filing procedures.

2. Visa and Residency

   • If your case requires you to stay in Poland for an extended period, verify your visa or residency status.

3. Recognition of Foreign Judgments

   • If enforcing a judgment from another country in Poland, consult a lawyer about the recognition process under Polish law.

How Our Law Firm Can Help

Filing a lawsuit in Poland as a non-citizen can be complex, but our experienced team of legal professionals can assist you with:

• Legal Consultation: Evaluating the strength of your case and advising on the best course of action.
• Document Preparation: Drafting and submitting claims, responses, and appeals.
• Court Representation: Representing your interests in Polish courts.
• ADR Support: Facilitating mediation or arbitration for faster resolutions.

Contact Us

If you’re a non-citizen seeking legal assistance in Poland, contact us today for professional guidance tailored to your case. We are committed to ensuring your rights are protected throughout the legal process.