What is the Register of Insolvent Debtors?

The Register of Insolvent Debtors is a state institution established as part of the National Court Register, based on the provisions of the Act on the National Court Register. The legislator created such a register to make the exchange of goods and services more fair and to protect entrepreneurs, companies and citizens against false and insolvent persons.

Who goes to the DAM?

This is regulated by Art. 55 of the Act on the National Court Register. Pursuant to this provision, the court enters ex officio in the Register of Insolvent Debtors:

1. natural persons who own and conduct business activity, but their bankruptcy has been declared or if the bankruptcy petition has been legally dismissed by the court;

2. natural persons against whom the execution has been discontinued, because it will not be possible to obtain an amount higher than the enforcement fees from recovery;

3. joint owners who have declared the company bankrupt or if the petition for bankruptcy has been legally dismissed;

4. debtors who were required to disclose their assets;

5. Natural persons who have been deprived of the privilege of conducting business activity on their own account and performing the function of a supervisory board member, representative or attorney in a commercial company, state enterprise, cooperative, foundation or association by the bankruptcy authority;

6. alimony debtors with arrears for a period longer than six months.

Register of Insolvent Debtors - how to enter the debtor

In order to enter a debtor into the Register of Insolvent Debtors, the creditor should apply for entry. It must also have an enforceable title against a natural person if the debtor has not paid the fee within thirty days from the date of the request for payment.Upon receipt of the application, the court will conduct the proceedings within fourteen days of submitting the application and will issue a decision on entering the person into the Register of Insolvent Debtors.

After ten years from the date of entry, the entry is subject to cancellation upon request or ex officio. The deletion may also be made at the request of a natural person appearing in the register, when the enforceable title has been deprived of its enforceability by a legally valid court decision.

Is my contractor in the DAM?

Checking whether a given person is listed in the Register of Insolvent Debtors should not be problematic. To do this, you need to go to the registry court, where the Central Information Office of the National Court Register is located, or go directly to the website www.ekrs.pl, where you must submit an appropriate, paid application for a copy or extract from the Register of Insolvent Debtors. Such a copy is usually issued "on the spot".