Delivery of documents in court proceedings via a bailiff

In civil proceedings, there is an option for service of a claim or other procedural document requiring the defendant to take steps to defend their rights via a court enforcement officer (bailiff). This involves the presiding judge notifying the claimant of the failure to serve the claim or another procedural document requiring the defendant’s response, and at the same time sending the claimant a copy of the document intended for the defendant, while obliging the claimant to serve this document through a court bailiff.

Such “service via court bailiff” of the above-mentioned documents may occur when all of the following conditions are met:

1. No procedural document has previously been served on the defendant in accordance with the provisions of the Code of Civil Procedure.
2. The only procedural document – the one subject to first-time service – was sent by post to the defendant and, despite a delivery attempt in accordance with the Code of Civil Procedure, the defendant did not collect the document.
3. The defendant did not refuse to collect the procedural document (as a refusal is treated as effective service).
4. It is not possible to apply the fiction of service, which is used in cases such as:
5. where the defendant is subject to registration in the court register (e.g. a commercial company) and service cannot be effected under the Civil Procedure Code due to failure to update the address in the register – in such cases, the document is added to the case file with effect of service, unless the new address is known to the court;
6. documents for persons representing an entity registered in the National Court Register, liquidators, authorised representatives, members of bodies or persons entitled to appoint a management board, when service is not possible due to failure to report an address for service – such documents are added to the case file with effect of service, unless the court is aware of a different address for service or place of residence;
7. when specific regulations provide for a fiction of service.

It is worth stressing again – such service via court bailiff applies only to a claim or a document that triggers the need for the defendant to respond. Examples of such documents include an application to initiate non-contentious proceedings or an application for interim measures, provided they are served by the court.
Within two months from the date the claimant is ordered to arrange service via court bailiff, they must: 1) submit to the court confirmation of service on the defendant via the bailiff, or 2) return the document to the court indicating the defendant’s current address, or 3) provide proof that the defendant resides at the address stated in the claim. If the claimant fails to do so, proceedings will be suspended. If no motion is filed to resume the suspended proceedings within three months of the suspension order, the court will discontinue the case. Due to the short two-month deadline to comply with the court’s instruction for bailiff service, it is advisable to refer the case to a bailiff immediately after receiving such an order.

When submitting the request for service via court bailiff, it is essential to attach confirmation of payment of the fee for such service, which amounts to PLN 60. This fee covers service to one address of the specified document in the case, regardless of the number of recipients at that address or the number of delivery attempts. The request must be directed to the bailiff competent for the judicial district (rewir) in which the service address is located (it is not possible to choose a bailiff from a different district). The competent bailiff may not refuse to accept the request.

According to the Act on Court Bailiffs, the bailiff has 14 days from receipt of the request to perform service. However, this is an instructional deadline, meaning exceeding it does not affect the validity of service. In cases of unjustified delay, the bailiff may be subject to disciplinary measures.

If the bailiff does not find the addressee during the attempt to serve the document, they must determine whether the addressee resides at the given address. To do so, the bailiff may question neighbours or household members under the threat of a fine for refusing to respond or knowingly providing false information. These findings are recorded in the bailiff’s report on the delivery attempt. Importantly, the bailiff may not hand over the document to household members – it must be delivered directly to the addressee.

If the delivery attempt is unsuccessful, but the bailiff determines the addressee does live at the stated address, a notification is placed in the addressee’s letterbox indicating that a delivery attempt was made, providing information on where to collect the document at the bailiff’s office, and a reminder that it must be collected within 14 days of the notice. If an adult household member is present, they should also be informed. If the 14-day deadline for collection passes without result, the document is deemed delivered on the last day of that period. The bailiff then returns the document to the claimant, informing them of the findings and the date of service.

However, if the attempt fails and the bailiff determines that the addressee does not live at the stated address, or if it is not possible to establish whether they reside there, the bailiff returns the document to the claimant with relevant findings.

At this stage, the enforcement proceedings before the bailiff do not necessarily end. The claimant may request the bailiff to take steps to determine the addressee’s current place of residence. The bailiff may then contact relevant authorities such as tax offices, pension institutions, banks, or credit unions. It is important to note that a fixed fee of PLN 40 is payable for such an application. However, if the bailiff successfully identifies the current address, this does not authorise them to attempt service at the new address. Instead, they notify the claimant, who must then inform the court, which will attempt service at the updated address.

Although the costs of bailiff service are initially borne by the claimant, they are treated as litigation costs and will be settled in the final judgment of the case, generally in line with the principle that the losing party must reimburse the other party for necessary legal costs incurred for the purpose of asserting or defending their rights (litigation costs).