On 25 August 2021, the Act of 11 August 11 2021 amending the Code of Civil Procedure and certain other acts was signed by the President of Poland. This law is currently awaiting publication and will enter into force 14 days after its promulgation. The act contains two main groups of changes: concerning the manner of sending correspondence to civil courts and concerning the use of a promissory note as collateral for claims in contracts with consumers.
The Act amends Art. 165 § 2 of the Code of Civil Procedure in such a way that, from its entry into force, the handing over of a pleading in the form of a registered mail at the Polish post office of the postal operator within the meaning of the Act of 23 November 2012 - Postal Law or at the office of an entity dealing with the delivery of correspondence in the European Union is tantamount to bringing it to court. Previously, such an effect on the territory of Poland was caused only by posting the parcel at the designated operator's facility, i.e. at the facility of Poczta Polska. The amendment introduces more flexibility in the choice of postal services in correspondence with the courts.
The act also introduces a set of regulations related to the use of a promissory note as collateral for transactions with consumers. In the first place, the Act introduces a change in the conditions for issuing an order for payment based on a promissory note in proceedings against a consumer. The condition for the issuance of such an order will be the attachment of a promissory note and the presentation, together with the lawsuit, of the agreement under which the claim is secured by the promissory note, together with the promissory note declaration and attachments. The fee for charges against the payment order, paid by the consumer, has been limited to PLN 750. Also, entrepreneurs were prohibited from accepting promissory notes as collateral for claims that do not contain the reservation "not to order" or otherwise equivalent. Violation of this prohibition will constitute a criminal offence punishable by a fine. An order to return promissory notes to issuers after the debt secured by promissory notes has been repaid was also introduced by the new act. The changed regulation may have a significant impact on the use of a promissory note as a method of securing contracts with consumers.