Debt recovery

Limitation periods in Poland

Time works against a creditor - and it runs whether you live in Poland or in the United States. Here is what the Civil Code says about the periods, in plain terms.

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. Under Article 119, the parties cannot shorten or extend these periods by contract.

When does the period start and end?

Under Article 120 § 1, the period starts on the day the claim became due. If the claim only becomes due once the creditor takes a certain step, the period runs from the day the claim would have become due had the creditor taken that step at the earliest possible moment. Waiting does not delay the start.

The end 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 December 31 - and for most claims that is later than simply counting years would suggest.

What interrupts the running of the period?

Under Article 123 § 1, limitation is interrupted:

  • 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 acknowledgment 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.

Under Article 124, after each interruption the period starts over. If it was interrupted by a step in proceedings before a court, another competent authority or an arbitration tribunal, it does not start over until those proceedings have ended.

When does the period stand still?

Suspension is a different mechanism. Under Article 121, the period does not start, and if it has started it is suspended:

  • for claims of children against their parents, while parental authority lasts;
  • for claims of one spouse against the other, while the marriage lasts;
  • for any claim, while force majeure prevents the creditor from pursuing it before a court or other competent authority;
  • for claims covered by a mediation agreement, while the mediation lasts;
  • for claims covered by a request for a conciliation hearing, while those conciliation proceedings last.

The same article also covers claims of persons without full legal capacity against their guardians or curators.

Are the rules different against a private individual?

Yes, and the difference is fundamental. In general, under Article 117 § 2, once the period has run the debtor may refuse to pay, unless they waive the limitation defense; a waiver made before the period ends is invalid. Against a consumer, Article 117 § 21 goes further: 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.

There is a narrow exception. Under Article 1171, in exceptional cases and where fairness requires it, the court may disregard the expiry of the period against a consumer. It weighs in particular the length of the period, the time that has passed since it expired, and the reasons the creditor did not pursue the claim, including the debtor's own conduct.

What if you already have a judgment?

A claim confirmed by a final judgment of a court or another competent authority, by an arbitration award, by a settlement concluded before a court or an arbitration tribunal, or by a settlement before a mediator approved by a court becomes time-barred after six years (Article 125 § 1). Where the judgment covers periodic payments, each payment falling due in the future becomes time-barred after three years.

Key points

  • General rule: six years; periodic payments and claims connected with running a business: three years.
  • The period runs from the day the claim became due and ends on the last day of the calendar year, unless it is shorter than two years.
  • A step before a court taken directly to pursue the claim, or the debtor's acknowledgment, makes the period start over.
  • Mediation, a request for a conciliation hearing and force majeure suspend the period.
  • Against a consumer, satisfaction of the claim cannot be demanded once the period has run, save for exceptional cases.
  • A claim confirmed by a final judgment becomes time-barred after six years.

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 or suspended, and assess whether pursuing the claim makes economic sense. Under a power of attorney we conduct the matter in Poland without you traveling.

Sources

This article is based on the acts listed below. Each link opens the text published by the Polish government, checked on September 20, 2026. Acts in force open as a consolidated text; historical acts are marked as such, with the date they stopped applying.

  • Civil Codeconsolidated text, Journal of Laws 2026 item 795

This article is general information about Polish law, not legal advice about your matter. Legal basis: the Civil Code (consolidated text, Journal of Laws 2026 item 795), Articles 117 to 121 and 123 to 125. Specific provisions set different periods for many kinds of claim - that has to be checked case by case. Describe your situation if you would like to know how it applies to you.

Next step

Let us check whether the claim can still be recovered

Tell us what the debt concerns and which year it dates from. We will assess which period applies and whether the matter is worth pursuing.

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