Delay in payments

Legal assistance in case of delayed payments

Delayed payments are one of the most common problems faced by companies, contractors and employees in Poland. Late payments can lead to cash flow problems, financial losses, disruption of business operations or violations of labour rights. Due to the complexity of Polish legal regulations and differences between types of contracts (Umowa o pracę, B2B, Umowa zlecenie), it is important to clearly understand the mechanisms for protecting your rights.

Consultant lawyers provide comprehensive support in cases related to delayed payments — from initial consultation to representation in court and before regulatory authorities.

Main reasons for delayed payments and legal consequences

The problem of late payments arises not only due to the bad faith of the counterparty or employer, but also due to technical or legal nuances. Before taking legal action, it is important to classify the situation correctly.

Below are the most common reasons for payment delays:

• failure to fulfil or partial fulfilment of the terms of the contract (on the part of the contractor or customer);
• financial difficulties of the company or deliberate delay in payments;
• disputes over the quality of work performed or services provided;
• errors in invoices, delivery notes, contracts or acceptance and transfer acts;
• violation of the terms of payment of wages by the employer.

Correct identification of the reasons for the delay makes it possible to choose the most effective mechanism of influence: claims, complaints to state authorities, interest charges, filing a lawsuit.

Algorithm of actions in case of delayed payments

To act effectively, it is important to follow a clear procedure. This avoids mistakes and increases the chances of recovering the debt.

The main steps recommended are:

• collect all documents confirming the right to payment: contracts, invoices, acts, correspondence;
• send an official reminder or demand (wezwanie do zapłaty) specifying the payment terms;
• charge interest for late payment in accordance with Polish law;
• file a complaint with the State Labour Inspectorate (in the case of non-payment of wages);
• go to court or initiate summary proceedings for accelerated recovery.

Following the procedure allows you to strengthen your legal position and get your money faster, even if the case goes to court.

What protection tools are available in Poland

Polish law offers various mechanisms to protect the rights of creditors and employees. Each of them has specific features and varying effectiveness depending on the situation.

The most common instruments include:

1. Wniosek o wydanie nakazu zapłaty — fast-track proceedings for debt recovery;
2. Egzekucja komornicza — enforcement of a decision by a bailiff;
3. Skarga do PIP — an instrument for employees if their employer delays their salary;
4. Odszkodowania i odsetki ustawowe — additional amounts that the debtor is obliged to compensate;
5. Postępowania mediacyjne — voluntary settlement of a dispute without going to court.

Choosing the right tool helps to minimise costs, save time and preserve business relationships where possible.