Polish economic reality gives permission for late payment. More and more entrepreneurs are struggling with debt collection.
It happens that the creditor resigns from recovering the debt because he does not want to incur additional costs of recovery. Fortunately, it doesn’t have to be this way … Irregular payment is a daily reality for many Polish companies.
The Act on payment deadlines in commercial transactions
Which entered into force on April 28, 2013 gives a chance to change this situation. Pursuant to this Act, an entrepreneur who has delivered a good or service to another company should not wait for remuneration for more than 60 calendar days. Otherwise, he gains every reason to charge the debtor with the costs of recovery.
When are the costs of recovery covered by the debtor?
For a very long time, the entrepreneur who wanted to claim his debts was additionally charged with the costs of recovery proceedings. Currently, the Act on payment deadlines in commercial transactions guarantees a refund of these costs. This means that you can demand from the debtor not only the return of the debt with interest, but also the reimbursement of all expenses incurred for the debt collection company or lawyer dealing with the case.
The right to calculate compensation is possible from the moment when interest for late payment becomes due, without a separate request for payment.
How much can a creditor recover?
According to the act, the creditor may claim damages from the debtor for recovery costs in the amount of EUR 40 and other, exceeding the amount of compensation. The euro 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 became payable.
It is worth adding that the amount of the flat-rate compensation is not dependent on the amount of the debt. Therefore, it is also due for debts of a lower value than those EUR 40. The legislator did not make the calculation of the fee conditional on referring the case to court.