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The statute of limitations one of civil law institutions whose activities consist in the change of legal relationships due to the passage of time. This means that after the lapse of the statute of limitations, the credit has limited possibilities to use the assistance of state authorities when trying to recover the amount due to him. This is the case when the debtor successfully pleads the statute of limitations before the court and the court accepted it. Only civil-law pecuniary claims can be under the statute of limitations. However, the statute of limitations does not mean that the debt ceases to exist. The creditor may still claim it on an amicable basis (out of court). The creditor may also enter the indebted person or company into the economic information bureau, such as ERIF Register of Debtors. A person entered in to the Register is seen as a delinquent payer. It is worth to remember that negative payment history may e.g. make it more difficult to take out a credit, loan, buy in instalments or enter into a subscription agreement.

Every case should be interpreted individually considering many factors, among others the matrimonial property regime between spouses, the date of entry into marriage, date of death, and all this in the light of the currently applicable regulations. The general principle is that spouses are always liable with community property for the obligations they both undertook (also in situations when the obligation was incurred by one of the spouses with the consent of the other spouse, which may be given in any form). Pursuant to the provisions regarding inheritance proceedings, the spouse and children of the deceased inherit first. It is also necessary to remember about Art. 1012 of the Civil Code, which provides that: "The heir may accept the inheritance without limitation of liability for debts (simple acceptance) or accept the inheritance with limitation of this liability (acceptance with the benefit of inventory) or reject the inheritance."

It is a Non-Standard Closed-End Securitisation Investment Fund which acquires debts from other entities pursuant to a assignment of debt agreements. The activities of the Fund consist in debt management and recovery of receivables which were transferred to the Fund as a result of an assignment. KRUK is the Fund's collection agency, which means that debts are recovered in its name and on its behalf. 

It is an agreement through which the Creditor transfers his receivables to another person or entity. It is not necessary to obtain a consent of the debtor for the assignment of receivables. The legal basis governing the assignment of receivables is Art. 509 (1) of the Civil Code. In practice, the original creditor (the institution towards which liabilities are held) may legally sell your debt to another company, e.g. KRUK. From this moment, the liabilities has to be repaid to the new Creditor (the debt buyer). 

Yes. The fact of ceasing to conduct business activity does not result in an automatic expiration of the liabilities incurred during its operation. A person conducting business activity is personally liable for the company's liabilities with all their assets. 

If an indebted person gives their consent, another person can assume the debt and help repay it. To this end, it is necessary to fill in and send a "debt assumption" form available on the website. (link to the form.)

KRUK employees are bound by the Act on the Protection of Personal Data. Pursuant to this Act, we cannot disclose information to third parties (including family) without being authorised to do so. We provide for the possibility of oral authorisation of a third party by the debtor for the duration of one conversation. It is also possible to send to us a notarised or written power of attorney, depending on the nature of the case. The relevant form is available on the website – link to the form.

A liability consists of the principal (unpaid capital) and all additional costs arising during the term of the agreement and after its expiration/termination, such as: interest, costs of reminders, and additional charges. In the case of court and enforcement proceedings, this also includes the costs awarded by the court.

A creditor may sell, that is transfer the rights to a given debt to another entity without the consent of the debtor. This privilege of the creditor stems from Art. 509 § 1 of the Civil Code. The new creditor has the full right to claim their receivables as any other creditor, both amicably or in court and enforcement proceedings.

Pursuant to Art. 481 of the Civil Code, ff the debtor delays in making a performance in money, the creditor may demand interest for the time of the delay even if he suffered no damage and if the delay was a result of circumstances for which the debtor is not liable. If the rate of the interest for the delay was not fixed in advance, the statutory interest shall be due in the amount equal to the sum of the reference rate of the National Bank of Poland and 5.5 percentage points. However, if the debt bears an interest rate higher than the statutory rate, the creditor may demand the interest to be paid for the delay at that higher rate. The maximum amount of interest for delay may not on an annual basis exceed two times the amount of statutory interest for delay (maximum default interest). The Minister of Justice announces, by means of a notice, in the Official Gazette of the Republic of Poland "Monitor Polski", the amount of statutory interest for delay. Pursuant to Art. 481 of the Civil Code, ff the debtor delays in making a performance in money, the creditor may demand interest for the time of the delay even if he suffered no damage and if the delay was a result of circumstances for which the debtor is not liable. If the rate of the interest for the delay was not fixed in advance, the statutory interest shall be due in the amount equal to the sum of the reference rate of the National Bank of Poland and 5.5 percentage points. However, if the debt bears an interest rate higher than the statutory rate, the creditor may demand the interest to be paid for the delay at that higher rate. The maximum amount of interest for delay may not on an annual basis exceed two times the amount of statutory interest for delay (maximum default interest). The Minister of Justice announces, by means of a notice, in the Official Gazette of the Republic of Poland "Monitor Polski", the amount of statutory interest for delay.

The Economic Information Bureau (BIG) is involved with the receipt, storage, and sharing of economic information from creditors about their debtors (negative information) and about the reliable repayment of debts (positive information). BIG operates pursuant to the Act of 9 April 2010, as amended, on the access to business information and exchange of business data. BIG's databases contain business information of the clients of banks, credit unions, lending institutions, telecommunications companies, insurers, housing cooperatives and communities, utility providers, secondary creditors, and others. Whereas Biuro Informacji Kredytowej S.A. (BIK) is an institution whose task is to collect, integrate, and share data on the credit history exclusively of the clients of banks, credit unions, and lending institutions. BIK operates pursuant to the Banking Law Act. KRUK does not provide economic information to BIK.

Positive information is a confirmation of making a timely payment of receivables. Collecting positive information and building a positive payment history helps to regain financial credibility. It can be collected by making timely payments of your liabilities due to a credit, loan, rent, telephone subscription fee, etc. KRUK provides positive information on its Customers after each timely paid instalment under the settlement. 

Negative information is an entry into the economic information bureau's base and confirmation of lack of repayment of at least one liability. It can result in:  • difficulties in taking out credits, loans in banks and lending companies • problems with making instalment purchases • difficulties in using the services of mobile or fixed telephony operators  • limited access to cable or digital television or the Internet

Remittance of enforcement proceedings means that at a given moment the debtor did not have sufficient assets that could fully satisfy the existing claim of the creditor. Therefore, the debtor still has the debt and the creditor can conduct further activities aiming to recover they receivables, e.g. through another enforcement proceedings or sale of the debt. 

Debt recovery at court or by enforcement are the activities of the creditor aiming to obtain an order for payment for the debt. The order with a writ of execution is a document with which the creditor can at any moment direct to the bailiff an application of initiation of enforcement proceedings from the debtor's assets. From the moment of obtaining the order and the writ, the creditor uses an enforcement order in the case, which constitutes irrefutable evidence that the liability exist.

Pursuant to Art. 8 para. 5 of the Act on court bailiffs and debt collection: "the creditor has the right to choose a bailiff in the territory of the Republic of Poland, except for the cases on the execution of real estate in which the provisions on execution of real estate are applied accordingly. Having been appointed, the bailiff operates outside of the area of his district." Probably your creditor has chosen the bailiff pursuant to the afore-mentioned provision.

Yes, KRUK offers cash loans for the persons who had a debt in KRUK Group and have repaid it. More information can be obtained through the helpline: +48 71 8888 099 or on www.pozyczkinovum.pl.

Loans are given for any purpose for a period of 4 to 24 months and the offer depends on individual credit assessment. We offer loans of PLN 500 to PLN 7,500. More information can be obtained through the helpline: +48 71 8888 099 or on www.pozyczkinovum.pl. 

Unfortunately, taking out a loan is not possible if you have a negative entry.

The offer is chosen individually depending on creditworthiness. In order to check your creditworthiness, call the helpline at +48 71 8888 099 or through the form available at www.pozyczkinovum.pl.

The "Guaranteed fulfilment of dreams" scheme is addressed to the persons who on the day of signing the settlement will also sing a declaration of joining the Scheme. Under the scheme, each zloty paid is equal to one point in the scheme. More information can be obtained at +48 71 88 88 000 or at +48 71 73 51 692.

In order to order the prize, log in on www.marzenia.kruk.eu and fill in the relevant form or use the paper form available in the catalogue or through the scheme's helpline by calling at +48 71 88 88 000 or +48 71 73 51 692.

KRUK S.A., a collection agency (an entity acting on behalf of the creditor, e.g. PROKURA Fund), acquired the right to process and control personal data from the original creditor with regard to the purchase of debts. The legal act governing the scope thereof is Art. 31 of the Act of 29 August 1997 on the protection of personal data. Data are subject to legal protection and are processed by KRUK S.A. for the purpose and within the scope of debt management. Therefore, additional consent for processing thereof is not required.

This term is not used in the data protection act, however, is commonly used by GIODO. Sensitive data are data of an exceptionally personal nature, e.g. religious beliefs, political opinions, information about addictions or health condition.

A complaint can be lodged: • in writing to the following address: KRUK S.A., ul. Wołowska 8, 51-116 Wrocław,  • orally by telephone or in person  • in electronic form, through a contact form available at pl.kruk.eu, via electronic mail: info@kruksa.pl or through a form at ww.e-kruk.pl platform.

A complaint should include the case number at KRUK, description of the situation, and justification for the lodged complaint. In the case of having additional documents confirming the validity of the complaint, they should be enclosed with the correspondence. 

KRUK S.A.  will process the complaint within 30 days of the date of receipt thereof. In justified cases, if it is impossible to process the claim within this period, we will inform you in writing about the reasons for delay and the new deadline for processing of the complaint, which will not exceed 60 days from receipt of the complaint. We will reply to the complaint in writing or, at your request, in electronic form.

The owner of a property constituting a loan collateral is a limited debtor. A mortgage concerns the possession securing the debt. Unlike the personal debtor (responsible with all their property without any limitations), a limited debtor is liable to the encumbrancer with a particular asset, e.g. a property or the right of perpetual usufruct, but only to the amount of the mortgage. If the indebted person does not repay their debt, then the creditor can ask the limited debtor to fulfil the obligation. 

The creditor can, as a part of enforcement proceedings, reclaim part of the debt by selling the property on an auction. Yet sometimes, the amount bidden is not enough to cover the debtor's liability. In such event, even though enforcement proceedings were successful, the debtor has the right to claim the remaining part of the liability.