Polish court asks you to contact the bailiff: why and what should you do?

If you have submitted an application to a Polish court, for example regarding child support or the recognition of a Ukrainian court decision, and the court asks you to contact a bailiff (komornik), do not be surprised or concerned. Such a requirement may raise questions or even cause anxiety, as it can seem that the case has come to a halt. However, this is neither a mistake nor an unnecessary delay, but rather a mandatory part of Polish court procedure.

Who is a bailiff (komornik) and what is their role?

In Poland, a bailiff (komornik) is not only responsible for the enforcement of court decisions, as is commonly believed. They also have special authority to officially serve legal documents. A bailiff may verify a person’s residential address through state registers and prepare an official report. This report serves as official evidence for the court that the respondent has been notified or that their whereabouts cannot be established.

Polish law is based on an important principle: a court cannot issue a decision until the other party (the respondent) has been formally notified of the proceedings. This means that the court must be satisfied that the respondent has either received all necessary documents or that their location cannot be determined. Without such confirmation, no court decision can be made, as this is necessary to ensure fairness for all parties involved in the proceedings. This is why the court may require you to contact a bailiff to formally serve the documents.

The court requires official proof of service. Even if you personally delivered the documents to the respondent and have evidence of this, the court will generally not consider it sufficient proof. The court requires an official document issued by a bailiff that has legal force.

The procedure usually works as follows: you or your lawyer submit an application to a bailiff, providing all available information about the respondent - their last known address, place of employment, date of birth, or other identifying details. The bailiff attempts to serve the documents at the specified address. If unsuccessful, the bailiff verifies information through state databases and other available sources. An official report is then prepared and submitted to the court.

What if the respondent cannot be located?

Do not worry if the bailiff is unable to locate the respondent. This is a common situation and does not mean that your case will be suspended.

In such cases, the bailiff prepares a report confirming the impossibility of service. This document allows the court proceedings to continue. The court may then appoint a court-appointed guardian (kurator) for a person whose whereabouts are unknown, enabling the court to proceed with the case and issue a decision.

Waiting is never pleasant, but this is related to the specific features of the Polish judicial system: procedures are highly formalised, each stage has prescribed deadlines, and courts often face significant caseloads. It is important to understand that a lawyer cannot accelerate these processes beyond what is permitted by law.

To avoid additional delays, it is important to remember several key points:

1. Never ignore court instructions - if the court requires you to contact a bailiff, this is a mandatory step.

2. Do not attempt to serve documents yourself, as the court requires official confirmation from a bailiff.

3. Provide the bailiff with as much information as possible about the respondent, since the more information available, the more effective the search will be.

4. Be prepared for costs, as bailiff services are subject to fees and payment is part of the procedure.

It is important to understand that this stage is not unnecessary bureaucracy. It is a safeguard ensuring that the proceedings remain fair and that the rights of all parties are respected.

Therefore, if the court has instructed you to contact a bailiff, this means that the case cannot proceed without this step. Even if the outcome is negative and the person cannot be located, it remains a necessary procedural action that enables the case to move forward.

The best course of action in such a situation is not to delay and to comply with the court’s instruction as soon as possible. The sooner the bailiff’s report is obtained, the sooner the court can proceed to the next stage and issue a decision.

If you need advice on this or a related issue, you can book an online consultation with a lawyer via this link.