At the end of May 2022, a draft bill amending the Notarial Law and certain other acts, submitted by the Minister of Justice, appeared on the Government Legislation Center website. It introduces numerous changes to the law governing notaries, most importantly granting them the authority to issue payment orders.

Under the current draft, a notary could issue a payment order if it covers a claim of up to PLN 75,000 and its validity is beyond doubt. The applicant outlines cases where issuing an order would undoubtedly be justified – when the application is accompanied by an official document, an invoice approved by the debtor, a demand for payment from the debtor, and a written declaration from the debtor acknowledging the debt. It's worth noting that the proceedings for issuing a payment order would be initiated by a motion, not a lawsuit, as is the case in court.

A notary could issue no more than 200 payment orders per month, and their effectiveness would depend on delivery to the opposing party – if it is not collected, the order will cease to be valid. However, if it is successfully delivered to the obligated party, they will be entitled to file an objection to the notary within two weeks of delivery. This will immediately result in the order losing its validity. However, if no objection is filed and the payment order becomes final, an application for an enforcement clause will be filed with the district court with jurisdiction over the obligated party.

The proposed changes have raised a number of concerns that need to be addressed. The Commissioner for Human Rights pointed out, among other things, the lack of adequate and sufficient protection of the debtor-consumer's rights. Furthermore, the notary's excessive ability to assess whether the claim covered by the application is justified appears problematic. The listed annexes guaranteeing the possibility of issuing a notarial payment order are merely examples of situations in which this would be justified. At the same time, the Commissioner pointed out concerns regarding the implementation of the constitutional right to a fair trial. A notary is not a court, is not constitutionally authorized to adjudicate disputes, and does not possess the attribute of independence. It was also noted that the draft lacks information on the effects of issuing both a notarial and a court payment order. The question arises whether a notarial payment order will interrupt the statute of limitations for the claim covered by the application. It also fails to indicate whether it will have the effects of a final judgment or whether it is possible to reinstate the deadline for filing an objection to a notarial payment order.

Given the numerous reservations raised by the Commissioner for Human Rights, it is necessary to re-examine the draft and introduce the necessary amendments to ensure comprehensive protection for debtors and an effective procedure that addresses all possible scenarios that may arise during and as a result of issuing a notarial payment order. It must therefore be stated that this regulation will not be implemented into the Polish legal system quickly, if at all.

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