If you have decided to file a case in court, you should first determine the appropriate court to hear the case. In addition to this, different courts will be appropriate depending on the type of case. This includes not only choosing between district and circuit court, but also location. Read the article to the end to learn more about virtual office vs. court location jurisdiction.
Choosing a court by location
The basic rule is that the case should be directed to the court in the district where the defendant lives. If the defendant lives outside Poland, the case should be directed to the court according to the defendant’s place of residence. If this cannot be determined, the case should be directed to the court according to the last place of residence. However, there are cases in which the person suing can decide whether to bring the case to the court according to the defendant’s residence or to another court. These cases include:
tort claims,
payment of attorney’s fees,
a claim from a property lease or tenancy relationship,
for modification of a contract and determination of its existence, as well as for its execution, termination or invalidation, for damages due to non-performance or improper performance of a contract.
Virtual office vs. local jurisdiction of the court – choice of the court with regard to the case
The basic rule is that in the majority of cases founded, district courts are competent. Cases are filed with the district court regarding:
violation of possession,
establishing property separation between spouses,
alimonies,
reconciliation of the contents of the land and mortgage register with the actual legal state.
On the other hand, the following cases are submitted to the regional court:
within the scope of copyright and related rights protection,
for a claim exceeding 75 thousand zlotys,
involving revocation, declaration of invalidity or determination of non-existence of resolutions of bodies of legal persons or organizational units which are not legal persons,
for preventing and combating unfair competition,
for compensation for damage caused by issuing an unlawful final judgment.
Virtual office vs. local jurisdiction of the court
If your business partner wants to file a lawsuit against you, he will have to refer the case to the relevant Wrocław court (if your company has its registered address in Wrocław). If you find yourself in such a situation, remember that Virtual Office Wrocław offers consultations with lawyers. With their help you will surely be well prepared for the trial. See addresses of offices in Wrocław
