Statement of claim (lawsuit served by the court)

The court serves the claim on you and orders a written defence within a set deadline — no shorter than two weeks.

The content of this page is for information only and does not constitute legal advice. Your situation may require an individual assessment by a lawyer.

What is this letter?

Receiving a copy of a statement of claim means someone has brought a civil case against you. The presiding judge orders service of the claim and requires a written defence (response to the claim) within a set deadline, no shorter than two weeks (Art. 205¹ § 1 of the Code of Civil Procedure). The exact deadline is in the court's cover letter — read it carefully.

What deadline applies?

The deadline for the response to the claim is set by the court — check it in the served order; it cannot be shorter than two weeks. Only the deadline stated in your letter is binding, which is why we do not quote a single number of days here.

Legal basis: art. 205¹ § 1 KPC

The deadline runs from the day the letter is delivered (received) — the delivery day itself does not count. Verify the delivery date with a lawyer: whether you make the deadline depends on it.

What happens if you ignore it?

No response and failure to appear can end in a default judgment, in which the court treats the claimant's assertions as true. A default judgment is immediately enforceable — a bailiff may act even before your opposition is heard. Late assertions and evidence may be disregarded by the court.

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Frequently asked questions

Do I need an advocate to respond to a claim?

There is no mandatory legal representation before district and regional courts — you may act on your own. In practice the response to the claim frames the whole trial, so professional help at this stage has the greatest value.

What should the response to the claim contain?

Your position on the claims (admission or a motion to dismiss), your pleas — e.g. limitation — and the assertions and evidence supporting them. As a rule they must all be raised in the response, because later submissions may be disregarded as belated.

I received a claim but I have already paid. What should I do?

Do not ignore the letter — in your response present proof of payment and move to dismiss the claim. Payment alone does not automatically end the proceedings.

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Other official letters

Payment order (nakaz zapłaty)Demand for paymentSummons from the tax officeLetter from a bailiff (seizure, start of enforcement)Termination of a lease agreementTermination of an employment contractWitness summonsNotice of the opening of administrative proceedingsFine ticket / minor offence (mandat)