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In cases concerning the pursuit of claims, most creditors initially attempt to resolve the matter amicably. Unfortunately, this is not always successful, and the case eventually reaches the court. Depending on the situation (including the type of claim or the evidence available), the case may proceed under summary or order for payment proceedings. In this article, we will explain these two concepts and answer the frequently asked question: summary vs. order for payment proceedings — what are the differences? Find out more!
Let's start with the simpler procedure. It is regulated by the provisions of Articles 497.1-505 of the Code of Civil Procedure. This is a so-called preliminary proceeding, limited to one stage and conducted in a non-public session. In summary proceedings, the case is heard in the absence of the defendant, and the presence of the plaintiff is required only in certain cases (e.g., to obtain more detailed explanations).
Summary proceedings can be conducted and concluded in strictly defined situations, namely:
A claim in summary proceedings should meet the general conditions of a procedural document and the specific conditions provided for a claim. Additionally, it should contain all necessary information — including the designation of the subject matter of the dispute, information about the parties to the dispute, legal representatives, and attorneys, as well as the designation of the court to which it is addressed, the type of document, the substance of the request or statement, evidence supporting the cited circumstances, signatures of the parties (or their attorneys), and a list of attachments. This information should be included in the first document in the case. Subsequent procedural documents must include the case file number.
Moreover, a claim in summary proceedings should be clear and legible. The information contained therein should clearly answer the most important questions while accurately presenting the situation. The claim should precisely specify the demand (value of the dispute), cite the circumstances justifying the demand, inform whether the parties attempted to reach an amicable agreement (e.g., through mediation), and justify (if applicable) why such attempts were not made.
After the claim is filed, the presiding judge checks whether the case can be heard in summary proceedings. If so, a date for the session is set.
As with any system, summary proceedings have both advantages and disadvantages. The main advantages include:
The main disadvantages of summary proceedings are:
Summary proceedings are certainly faster and simpler than order for payment proceedings, but circumstances do not always allow the case to be conducted in this manner. In certain situations, claims recovery may be conducted in order for payment proceedings.
Order for payment proceedings also involve filing a properly prepared claim for payment in court. As with summary proceedings, the session is held in a non-public manner, without the participation of the parties. However, it can only be used if the creditor attaches documents to the claim that unequivocally prove the existence and amount of the claim.
Therefore, creditors who have documents such as:
The evidence must, of course, be beyond doubt, and the basis for filing a claim in order for payment proceedings is the ability of the plaintiff to prove that the defendant was fully aware of the obligation to pay the arrears.
The structure of a claim in order for payment proceedings does not differ significantly from that required for a claim in summary proceedings. Here too, all demands must be precisely specified, the situation described, and the parties and their attorneys identified. However, it should be noted that the demand in the claim in order for payment proceedings must be supported by a document presented by the plaintiff.
There are many advantages to order for payment proceedings. The most important include:
The main disadvantage of order for payment proceedings is that creditors usually do not have a document signed by the debtor with a payment order. In Polish law, it is not required to have a signature on both invoices; therefore, entrepreneurs often do not require a signature on their document. This is certainly a significant convenience in the case of known contractors, but it may cause considerable complications in the future.
Summary and order for payment proceedings have much in common, and their main difference lies in the nature of the evidence that allows for the initiation of proceedings. Additionally, the remedy against a payment order in order for payment proceedings is objections, while in summary proceedings, it is an opposition.
Finally, it is worth mentioning that order for payment proceedings are cheaper, although due to the required signature on the document, they are significantly more difficult and less common.
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