The Supreme Court settles a significant issue
In the verdict of 15th October 2015 the Supreme Court has settled a significant issue concerning the essence of an adverse claim in judgment enforcement procedures. The Supreme Court supported the standpoint of our law firm stating that basing such claim on the charge of fulfilling the obligation (art. 840 § 1 point 2 of the Civil Procedure Code) is admissible only when this charge could not be heard in the case, in which the enforcement order was issued (court record no. II CSK 781/14.
The abovementioned verdict concerns a case in which the debtor did not collect the payment order in due time and raised a charge during the enforcement procedure, that he had already fulfilled the overdue obligation prior to issuing the payment order. The Supreme Court ruled, that the debtor’s negligence of collecting the payment order and filing a complaint burdens only himself even though raising an obligation fulfillment charge prior to issuing the payment order is possible.
The case was conducted by advocate Łukasz Gładki and advocate trainee Miłosz Tatarczuch.