Limitation periods in Poland

Limitation (przedawnienie) — the passage of time after which a debtor may refuse to pay and a court will not award the debt. The claim does not disappear, but it can no longer be enforced.

How long is there to pursue a debt?

Article 118 of the Civil Code provides that, unless a specific provision states otherwise, the limitation period is six years, and for claims for periodic payments and claims connected with running a business — three years.

Periodic payments are those that recur at intervals, rent being the obvious example. The shorter three-year period also covers a business's claims arising from its activity.

When exactly does the period end?

This part of the provision often surprises people. Article 118 adds that the end of the limitation period falls on the last day of the calendar year, unless the limitation period is shorter than two years.

In practice the period does not end on the anniversary of the debt but on 31 December — and for most claims that is later than simply counting years would suggest.

Key points

General rule: six years.
Periodic payments and claims connected with running a business: three years.
The period ends on the last day of the calendar year — unless it is shorter than two years.
Limitation is interrupted by a step before a court taken directly to pursue the claim, and by the debtor acknowledging the debt.
Against a consumer, satisfaction of the claim cannot be demanded once the period has run.

What interrupts the running of the period?

Under Article 123 § 1, limitation is interrupted, among other things:

by any step before a court or another authority competent to hear cases or enforce claims of the given kind, or before an arbitration tribunal — taken directly in order to pursue, establish, satisfy or secure the claim,
by acknowledgement of the claim by the person against whom it is directed.

The word directly matters here: simply sending a letter to the debtor is not a step before a court and does not interrupt the period.

Are the rules different against a private individual?

Yes, and the difference is fundamental. Article 117 § 2¹ provides that once the limitation period has expired, satisfaction of a claim against a consumer cannot be demanded. The court takes this into account even where the debtor does not raise limitation.

Why this matters when you live abroad

Time runs regardless of where the creditor lives or whether they are aware of it. Distance, and the assumption that the matter can wait, are the most common reasons a claim becomes unenforceable.

How we help

We establish which period applies and whether it has run, check whether it was interrupted, and assess whether pursuing the claim makes economic sense. Under a power of attorney we conduct the matter in Poland without you travelling.

This article is general information about Polish law, not legal advice about your matter. Legal basis: the Civil Code (consolidated text, Journal of Laws 2024 item 1061), Articles 117, 118 and 123. Specific provisions set different periods for many kinds of claim, and the running of a period may be interrupted or suspended — that has to be checked case by case. Describe your situation if you would like to know how it applies to you.