Is it possible to charge the debtor with more than 40 euros - compensation for debts


Under Art. 10 of the Act of March 8, 2013 on payment deadlines in commercial transactions, the creditor has obtained a new, additional claim to compensate for losses related to the recovery of overdue payments. In a situation where the debtor is late in payment, the regulations contained in the act entitle the creditor to compensation of the costs of recovery of receivables, which is the equivalent of EUR 40 (EUR is converted into PLN using the average exchange rate announced by the National Bank of Poland on the last business day of the month preceding the month in which the cash benefit has become due).

Compensation for debts

The amount of 40 euros is a fixed compensation, but in most cases the statutory amount is not able to cover the entire collection costs. Pursuant to the provisions of the Act, if the costs of recovering receivables incurred due to delays in payment in a commercial transaction exceed the amount of EUR 40, the creditor is entitled to reimbursement of these costs, including the costs of court proceedings, less this amount. In this context, it is worth looking at the wording of Art. 485 § 2a of the Code of Civil Procedure, which ensures effective recovery of the amount of fixed compensation and other costs of debt collection through the possibility of including these amounts with an order for payment in the writ of payment proceedings. "The court issues an order for payment on the basis of the contract attached to the statement of claim, proof of mutual non-cash performance, proof of delivery of an invoice or bill to the debtor, if the plaintiff claims payment of a cash benefit, interest in commercial transactions specified in the Act of March 8, 2013 on payment deadlines. in commercial transactions (Journal of Laws, item 403) or the amount referred to in Art. 10 (1) of this Act, and on the basis of documents confirming the costs of recovery, if the plaintiff also seeks reimbursement of the costs referred to in Art. 10 sec. 2 of this Act. ”. The analysis of the cited provision clearly shows that, despite the fact that the Act on payment deadlines in commercial transactions does not require, one should remember about the need to document the costs of claiming receivables, because this is what determines the further possibility of claiming reimbursement in proceedings for reimbursement of costs exceeding the amount of permanent compensation. . A specific advantage of this procedure is the fact that the court fee amounts to only 1/4 of the basic fee, the defendant, wishing to appeal against the order, must file the remaining 3/4 of the fee, and such an order is an enforceable security title without giving it an enforcement clause.

Compensation for debts - one-time amount of 40 euros

It is worth remembering that the amount equal to EUR 40 is due for a commercial transaction, i.e. for the concluded contract. One contract = one compensation of 40 euros. If the parties expressly stipulated in the contract that the cash payment will be made in parts, then the amount equal to EUR 40 is due separately for each unpaid part.