Prawnoprocesowe skutki potrącenia wierzytelności w postępowaniu egzekucyjnym
Legal and procedural effects of the deduction of claims in enforcement proceedings

Summary/Abstract: Court practice abounds in numerous disputes arising from the substantive law and procedural provisions regarding the set-off of claims. The purpose of this article is to analyze the provisions of law and court decisions in terms of procedural effects and the effectiveness of the initiation of enforcement proceedings of a previously deducted claim. The main topic of the article is the relation between the validity of the judgment and the opposition claim based on the set-off charges. Despite subsequent amendments to Art. 840 § 1 point 2 of the Code of Civil Procedure, both in the doctrine and jurisprudence, two views have emerged. According to the first position, the opposition claim may be based on a set-off, even though the plaintiff could have filed a claim for set-off in the examination proceedings in which the writ of execution was issued, but did not do so. On the other hand, according to the second view, a set-off as an event may be the basis for an opposition claim only if the claim for set-off could not be reported at the stage of examination proceedings. It should be noted that the doubts that arise are also valid in the light of the amendment to Art. 840 § 1 of the Code of Civil Procedure under the Act of 4.7.2019 amending the Act – Code of Civil Procedure and certain other acts. The final part of the article also includes considerations on the grounds of the creditor’s liability in the event of compulsory enforcement of receivables, when the enforceable title, which included this benefit, expired between the issuance of the title and the commencement of enforcement proceedings.

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