As we have already pointed out in an entry on electronic writ of payment proceedings (see https://kancelaria-cf.pl/prawo-cywilne /elektroniczne-postepowanie-upominawcze-epu-czyli-prosty-sposob-dochodzenia-roszczen-pienieznych/), the enforcement of monetary claims has been challenging not since today. The many years of litigation and then the questionable effectiveness of enforcement proceedings discourage many people from taking such steps.
It may be helpful in this regard to enter the unpaid debt in the business register of the debtor’s KRS. Such power is granted to the creditor by Art. 41(3) of the KRS Law, according to which Section 4 of the Business Register includes data on the entity’s creditors and their claims.
However, not every claim is subject to disclosure in the KRS business register. According to the aforementioned provision, the claim should be established by an enforceable title (i.e., among other things, a final court decision with an enforcement clause) and not be satisfied within 30 days from the date of the debtor’s call for performance. Since the provision does not specify the form of the summons for payment, it is assumed that it can be made in both written and electronic form.
If the above requirements are met, the registry court will disclose the information on the unpaid debt in the indicated section 4 of the KRS Register of Entrepreneurs. The main advantage of such an entry is that it will be publicly available, which can negatively affect not only the debtor’s business relations, but even discourage potential employees from taking up employment, due to the fear of timely payment of wages. On the other hand, in a situation where the debtor is a capital company, the entry in question may hinder the sale of shares of such a company or the making of personal changes in its bodies.
If doubts arise on your part as to what an application for entry of an unsatisfied debt in the debtor’s business register should look like, or whether your claim meets the statutory requirements to be the basis for such an entry, or perhaps you would like to obtain an enforcement order against the debtor, we invite you to contact us. We will be happy to support you in these matters. This will leave you with peace of mind that your affairs are in the right hands.