Practice area · Property and estates

Civil law.
Disputes that can be resolved.

Debt claims, contract disputes, protection of personal rights and property cases. We handle them before proceedings and in court - starting with an assessment of whether litigation is worth it at all.

  • Assessing whether it is worth it

    Before we file, we check whether the case makes economic sense.

  • Before proceedings

    Many cases can be closed without litigation - faster and more cheaply.

  • Limitation

    We keep track of the deadlines after which a claim loses its force.

  • All the way through

    We stay with the case through to enforcement by the bailiff.

§01Types of case

What we handle

  • Debt claims

    Recovering sums due under contracts and invoices - from the letter before action to enforcement by the bailiff.

  • Contract disputes

    Non-performance or defective performance of a contract, contractual penalties, rescission.

  • Protection of personal rights

    Damage to reputation, image and privacy - including online.

  • Property cases

    Adverse possession, easements, dissolution of co-ownership, boundary determination.

  • Contracts

    Drafting and reviewing contracts before they become the subject of a dispute.

  • Consumer cases

    Complaints, statutory warranty claims and disputes with businesses.

  • Unjust enrichment

    Recovering payments made without a legal basis.

  • Enforcement proceedings

    Complaints against a bailiff's actions and actions to oppose enforcement.

§02Limitation

How long you have to bring a claim

A time-barred claim still exists, but the debtor can refuse to pay and the court will uphold that refusal. This is why the limitation period is usually the first thing we check.

The basic limitation periods for civil claims
Type of claimDeadlineNotes
General rule 6 years the period ends on the last day of the calendar year
Periodic claims 3 years e.g. rent, interest
Claims arising from business activity 3 years counted from the day the claim falls due
Claims established by a judgment 6 years counted from the day the judgment becomes final
Claims in tort 3 years from learning of the damage no more than 10 years from the event
Against a consumer special periods apply the court applies limitation of its own motion

These are the basic periods - special provisions create many exceptions, and the running of time can be interrupted, for instance by filing a claim. It is always worth checking the period in the individual case.

§03Before you file

Winning a case is not the same as getting paid

A judgment is a means, not an end. It happens that a client wins after two years, only for it to turn out that the debtor has no assets from which the sum can be enforced.

That is why, before filing, we check the debtor's financial position and how realistic enforcement is. Sometimes a settlement with payment by instalments is a better outcome than a judgment that remains nothing more than a piece of paper.

It is also worth considering interim security for the claim while the case runs - an underrated tool that can determine whether the whole exercise succeeds.

§04How we work

How we handle civil cases

  • Assessment before filing

    We say plainly when a case has poor prospects or does not make economic sense.

  • Before proceedings

    A letter before action and negotiation are often quicker than litigation.

  • Interim security for the claim

    An application that guards against assets being moved away while the case runs.

  • Evidence

    Contracts, correspondence, witnesses - gathered before they scatter.

  • Conducting the litigation

    Representation before the courts at every level.

  • Enforcement

    An application to the bailiff and oversight of how the process runs.

§05How we work together

How a civil case unfolds

  1. Analysis of the case

    We assess the evidence, the limitation period and the prospects of success.

  2. Letter before action

    An attempt to close the matter without litigation.

  3. The claim form

    We prepare the claim and, where justified, an application for interim security.

  4. Court proceedings

    Representation at hearings, applications for evidence.

  5. Enforcement

    Once an enforceable title is obtained, we take the matter to the bailiff.

§06Questions and answers

Questions about civil cases

Cannot find your question here? Call us on +48 883 406 792 or write to us using the contact form.

Advocate Kamila Tomczyk at her desk

The first step

Let us talk about your situation

You do not need your documents in order, and you do not need to know the law. Just tell us what is happening - we will plan the way forward together.

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§07Contact

Book a legal consultation

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Please do not describe particularly sensitive details of your case in this form - we can discuss them securely during the call.

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