ATTENTION – THIS IS AN AUTOMATIC TRANSLATION from Polish
The District Court in Toruń, in its ruling of October 23, 2019 (VIII Cz 960/19), indicated that the necessary condition for granting security in alimony cases is the substantiation of the claim, but there is no need to demonstrate a legal interest in granting security. The purpose of security is not to ensure the enforceable enforcement of a future judgment, but to immediately provide the entitled party with means of subsistence. In this respect, security leads to "provisional" satisfaction of the entitled party before the final conclusion of the proceedings.
It is best to submit a request for security directly in the alimony claim as one of the points of the petition. This allows for a quick hearing, often in closed session.
A substantiated claim, on the other hand, means a reasonable assumption of its validity, based on credible allegations and preliminary evidence, without the rigors of a full evidentiary hearing. The court automatically issues an enforceability clause to the decision, enabling enforcement by a bailiff. The security remains in effect until a final judgment is issued or is later set aside or amended by the court of first instance, or by the court of second instance in appeal proceedings – if an appeal is filed by an eligible party. An appeal against the dismissal of the request for security may be filed within one week of service of the decision, after requesting justification. In the cited case, the District Court reversed the decision of the court of first instance, awarding alimony in the amount of PLN 500 per month.