Enforcement of Maintenance Under a Bilateral Agreement

ATTENTION! Text translated automatically from the Polish version.

In states with which Poland has concluded a bilateral agreement, in order to obtain maintenance one should submit (as a general rule):

  • an application for recognition and enforcement of the ruling (which may be submitted directly to the appropriate court of the state in the territory of which the ruling is to be recognized and enforced), or
  • through the court that heard the case at first instance.

Importantly, further correspondence is conducted by the creditor personally (without the intermediary of the court of first instance) with the appropriate foreign authority.

List of required documents:

  • Application for recognition and enforcement of the ruling,
  • Authenticated copy of the judgment/settlement for use abroad (must include annotation from the court as to when the ruling is final, enforceable, and whether any ordinary appeal is available),
  • Document confirming that the party (debtor) who did not participate in proceedings before the court received notice of the initiation of proceedings, a summons to a hearing, and a copy of the statement of claim,
  • Authenticated translation of the above documents into the official language of the state of recognition and enforcement.

All costs related to the application (particularly translation costs) are borne by the applicant.

Enforcement abroad

Enforcement of maintenance abroad takes place under foreign law. The Receiving Agency takes all appropriate steps to obtain maintenance, including settling the claim through a settlement, and if necessary, initiating and pursuing court proceedings and enforcing any judgment.