Interim security for a money claim before filing a lawsuit can protect assets needed to enforce a future Polish judgment. The creditor usually has to make both the claim and the risk to its eventual enforcement sufficiently plausible. Non-payment alone may not be enough. Attaching a bank receivable or registering a compulsory mortgage does not establish that the creditor has won, or make the money available to the creditor.
This guide concerns ordinary business debts under Polish procedure, such as the price of goods, payment for services and repayment of a loan. Maintenance, employment and certain other claims have special rules. The legal position and substantive review date are 26 October 2026. Polish interim security, known as zabezpieczenie roszczenia, should not be assumed to follow the rules for freezing injunctions in another jurisdiction.
What does interim security for a money claim achieve?
A judgment ordering payment offers limited practical protection if the debtor no longer has assets available for enforcement. Interim security aims to preserve the possibility of enforcing the eventual decision. An application can be made before proceedings begin, with the statement of claim, or during the case.
The court does not finally decide the merits at this stage. It examines the material needed for temporary protection. Granting security therefore does not guarantee success at trial, and refusing it does not mean that the creditor will lose. Refusal may follow from inadequate evidence of risk or an unsuitable choice of security measure.
The main rules appear in Articles 730–7541 of the Polish Code of Civil Procedure, consolidated text published in the Journal of Laws of 2026, item 468, as amended. In an ordinary payment dispute, security generally must not satisfy the claim. It is not a way of obtaining an advance payment of the amount sought at trial.
Two requirements: a plausible claim and a legal interest
How should the creditor substantiate the claim?
The Polish standard of uprawdopodobnienie requires a credible account supported by appropriate material. It does not yet require the full evidentiary process used to decide the merits. Explain why payment is due, the amount claimed and the due date. Show the sequence from contract formation through performance and settlement to non-payment.
An invoice alone may be insufficient, particularly where the customer disputes whether the service was performed. Useful material includes the signed agreement, purchase order, acceptance record, delivery confirmation, correspondence and an acknowledgment of the outstanding balance. If the debtor has alleged defects, set-off or partial payment, address those matters fairly. Concealing a significant defence weakens the application.
What is a legal interest in obtaining security?
Under Article 7301 § 2, a legal interest exists where the absence of security would make enforcement of the decision, or achievement of the purpose of the proceedings, impossible or seriously difficult. In an ordinary money claim, the issue is a specific threat to the future recovery of the debt.
Relevant circumstances may include documented attempts to sell key assets, closure of the business, unsuccessful enforcement of other debts or information showing serious financial difficulty. Each fact needs to be connected to this particular debtor. A general statement that litigation takes time and the defendant might hide assets is not a substitute for that explanation.
Late payment matters, but it does not automatically demonstrate an enforcement risk. A company may dispute the quality of services while holding sufficient assets. Separate the argument that a debt exists from the argument that the eventual judgment may be ineffective.
A statutory presumption for certain commercial transactions
Article 7301 § 21 assists a claimant seeking payment arising from a commercial transaction. The legal interest is treated as substantiated where the transaction value does not exceed PLN 75,000, payment remains outstanding and at least three months have elapsed since the due date. The underlying claim and the conditions for this presumption still need to be substantiated.
The threshold concerns the value of the transaction, not an arbitrarily selected part of a debt. An invoice for PLN 50,000 does not automatically qualify if it forms part of a substantially larger transaction. The provision uses the term for a claimant in proceedings, powód. For a pre-action application, its application at that stage needs to be assessed. In practice, also provide concrete evidence of risk. There is no need to wait three months if a legal interest can be shown under the ordinary rule.
Which security measure should be requested?
The application must identify the measure and the amount of security. The court acts within the scope of the request, and the burden on the debtor should not exceed what is necessary. The choice therefore requires an assessment of assets, likely effectiveness and cost.
| Measure | When it may help | What to check |
|---|---|---|
| Attachment of a bank-account receivable | The debtor holds funds or receives payments into the account | Scope, available funds and impact on business operations |
| Attachment of a receivable owed by a customer | An identified customer is due to pay the debtor | The receivable’s existence and identity, and earlier attachments |
| Attachment of movable property or a property right | A specific asset belongs to the debtor | Ownership, value, encumbrances and enforcement exemptions |
| Compulsory mortgage | The debtor owns real estate | The land and mortgage register, earlier mortgages and effective security value |
Article 747 also provides other measures, including compulsory management of an enterprise. It does not allow any restriction the creditor chooses. A prohibition on disposing of real estate to secure a money claim has specific statutory conditions. It concerns property without a land and mortgage register, or property whose register has been lost or destroyed.
Property and rights exempt from enforcement cannot be used for this form of security. Company assets must also be distinguished from assets belonging to a shareholder or director. The separate basis for pursuing a director is explained in our guide to board member liability for company debts in Poland. Operating from a particular building does not prove that the debtor owns it. A compulsory mortgage neither removes earlier encumbrances nor itself prohibits the property’s sale.
Preparing the application and calculating the security amount
Before a lawsuit, the application generally goes to the court competent to hear the future case at first instance. A foreign element or an arbitration agreement requires a separate assessment of jurisdiction and the appropriate court. Having a Polish contracting party does not resolve every jurisdictional question.
Alongside the formal requirements for a procedural document, include a specific request, a concise description of the intended case and material supporting both requirements for security. The amount may cover the principal, interest up to the date of the security order, the costs of implementing security and anticipated litigation costs. Calculate each component. An arbitrary percentage added as a buffer is not a calculation.
A practical document set includes:
- the agreement, orders and amendments, with evidence that the creditor performed its obligations;
- invoices, an account statement, evidence of partial payments and payment demands;
- correspondence about the debt and the customer’s objections;
- current asset information and documents supporting the specific risk;
- a calculation of the security amount, party details and the representative’s authority;
- a draft statement of claim and funds for the application and implementation costs.
Prepare the main claim in parallel. Pre-action security should not postpone the decision whether to bring proceedings at all. Once security is granted, the time for starting the case is short.
How much does pre-action security cost in Poland?
Under Article 69 of the Act on Court Costs in Civil Cases, consolidated text: Journal of Laws of 2025, item 1228, as amended, the application fee is one quarter of the fee payable on a statement of claim for the relevant debt. Do not automatically assume the PLN 100 fee applicable to other security applications. First determine the correct claim fee, including any special rate or exemption.
Hypothetical example: an ordinary lawsuit for PLN 100,000, without a special rate or exemption, carries a PLN 5,000 claim fee. The pre-action security application therefore costs PLN 1,250. Filing the claim within the required period allows that amount to be credited against the claim fee. If security is refused, the statutory credit requires filing within two weeks after service of the refusal, or after its pronouncement at a public hearing.
Implementation by a Polish court enforcement officer, a komornik, involves separate costs. Article 31 of the Act on Bailiff Costs, consolidated text: Journal of Laws of 2024, item 377, provides a PLN 300 implementation application fee. Once security has been implemented, the basic proportional fee is 10% of the value of the assets secured. The initial PLN 300 is deducted, and statutory rules and limits apply. Expenses and advance payments may also arise. The court application fee alone is therefore not a sufficient budget.
Legal representation, mortgage registration and valuation costs depend on the action chosen. The court generally determines the costs of the security proceedings in the decision concluding the case. The possibility of recovering costs later does not remove the need to finance the necessary steps now.
What happens after the application is filed?
Article 737 requires the application to be considered without delay, generally within a week of receipt. This is a procedural time limit for the court, not a guarantee that an account will be attached within seven days. Defects in the application, requests for clarification and subsequent implementation may extend the practical timescale.
Where security is implemented by an enforcement authority, an order made without a public hearing is generally served by the court initially on the applicant. The enforcement authority serves it on the debtor when implementation begins. A compulsory mortgage has a different service route: the land-register court serves the order together with its decision concerning the entry. Do not assume that every measure follows the same procedure.
Obtaining the order does not finish the creditor’s work. The appropriate implementation process must be started, the necessary information and payments provided, and the result checked. Attaching an empty account does not create assets. In ordinary monetary security, collected funds go to the appropriate deposit account rather than becoming freely available to the creditor.
Filing the lawsuit: a maximum of two weeks
When granting pre-action security, the court sets a deadline for filing the document that starts the main proceedings. For the ordinary disputes discussed here, that period cannot exceed two weeks. Check the precise wording of the order and the event from which the period runs. Do not assume that time starts only when the security order becomes final.
Failure to file in time causes the security to lapse. A problem also arises if the proceedings concern a different claim or do not cover the whole secured demand. Negotiations, a promise of payment or merely drafting the statement of claim do not replace effective filing.
How can the other party respond?
A first-instance court’s security decision can be challenged by a procedural appeal called a zażalenie to the second-instance court. The period is generally one week after service of the decision with reasons. Where the court dispenses with reasons, Article 394 § 2 supplies different starting-point rules. Check the procedural instructions and whether a request for written reasons is needed. A decision by a judicial court officer, a referendarz sądowy, requires a different remedy from an appeal against a judge’s order.
Challenging granted security does not automatically release the assets. If the grounds later cease to exist or change, the debtor may seek discharge or variation under Article 742. Where a business account has been attached, Article 7522 also permits an application to determine amounts available for current wages, associated public charges and operating costs. That application has a one-week period from service of the security order.
Counter-security, damages and later enforcement
The court may make implementation conditional on the creditor depositing counter-security, known as kaucja. It protects claims arising from the implementation of the measure. It is neither a penalty nor a court fee. Before seeking a particularly burdensome measure, consider this possibility and the potential harm to the debtor.
Article 746 provides for liability for damage caused by implementing security in specified circumstances. Examples include failure to file the main claim in time and dismissal of the claim on its merits. Compensation is not automatically payable in any amount asserted: loss and its connection with implementation must be established. The damages claim generally expires unless pursued within a year of arising. A cassation appeal is subject to a separate statutory rule for the start of that period.
Action remains necessary after winning the case. Attachment under Article 747 point 1 and compulsory management under point 6 are subject to the special one-month rule in Article 7541 § 2 for requesting further enforcement steps. Time runs from finality of the decision allowing the claim, or of an order rejecting as inadmissible the debtor’s challenge to that decision.
For other situations, examine the general two-month rule, exceptions and the terms of the order. The statute links that period to the same events, and an enforcement application matters for preserving security. Leaving the matter unattended after judgment can result in loss of protection.
Example: the risk must follow from the facts
Hypothetical situation: a supplier holds a signed order, delivery record and confirmation of an unpaid PLN 100,000 balance. The customer has advertised its only business property for sale, and documents show substantial arrears to several creditors. The supplier can consider security by presenting evidence of the debt together with information about the specific risk.
The sale advertisement alone is insufficient to complete that assessment. Examine all available assets, the property’s encumbrances and the reason for the sale. If the business is merely moving to larger premises and has substantial available cash, the same fact may not justify the requested protection. The choice between a mortgage and attachment should follow that analysis.
Frequently asked questions
Must a payment demand be sent first?
There is no universal requirement to send a demand before every security application. A demand may nevertheless be necessary to make the debt due or may be required by the contract. In an urgent case, check the legal basis of the debt rather than automatically waiting another fourteen days.
Can a creditor freeze the customer’s account directly?
No. Filing an application or writing to the bank does not entitle the creditor to block the account. The appropriate legal basis and action by the authorised body are necessary.
Does security guarantee recovery?
No. Recovery depends on the outcome of the case, actual asset values, prior encumbrances and any insolvency or restructuring proceedings. Security is one part of a debt-recovery strategy.
Reviewing the documents before applying
In handling commercial disputes in Poland, the Law Firm can assess the claim, the need for interim security and a proportionate protective measure. If you are concerned that payment may become impossible to recover, describe the stage of the dispute and approaching deadlines through the contact form. Reviewing the documents can clarify the next steps and their costs, without promising a particular litigation outcome.
