Both entities listed in the National Court Register (hereinafter: “KRS”) and some of the individuals who comprise these entities have a number of obligations. One of them is to always disclose the current address for service in the registry. On why this duty is particularly important, we write below.
In order to effectively initiate legal proceedings, it is necessary for the court to serve a copy of the first letter in the case (usually a lawsuit) to the opposing party. If the defendant is an individual who evades receiving the letter it can often complicate the process and make it necessary to serve the letter through a bailiff. The situation is different if the defendant is an entity registered in the National Court Register, a person representing this entity (member of an authority, proxy, liquidator) or a person authorized to appoint a board of directors.
The rules for serving letters on the aforementioned persons are much stricter than on individuals. In accordance with the provisions of the Code of Civil Procedure, if a party subject to registration in the court register (KRS) cannot be served with a letter due to failure to disclose a change of address in the register, the letter shall be left on file with effect of service. The only exception to this rule is when the new address for service is known to the court.
The above principle has far-reaching legal consequences. When a letter is left on file with the effect of delivery, the time limit for filing an objection to a payment order or a response to a lawsuit begins to run. On the other hand, if the above-mentioned letters are not submitted in time, the payment order will become final or the court will have the option of issuing a default judgment, which will further enable the plaintiff to refer the case to a bailiff for enforcement.
In view of the above, it is particularly important to keep the address data in the KRS up-to-date and ensure that court correspondence addressed to the address disclosed in the register is received.
If doubts arise on your part about how to disclose the current address of an entity in the KRS, how a lawsuit against an entity listed in the KRS should look like, or perhaps you have recently received a payment order or default judgment and would like to successfully appeal it, 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.
The author of the entry is trainee attorney Boris Ceglowski.