Enforcement costs — rules and fees

Enforcement costs are not only the enforcement fee. In practice, they also include additional expenses and costs resulting from the chosen enforcement method. The key issue is who ultimately bears these costs and when they can increase.

When enforcement costs arise

Costs appear during enforcement proceedings, even if enforcement later proves ineffective. The final amount depends on the scope of actions and the bailiff's activity.

Who bears the costs

As a rule, costs are charged to the debtor. In practice, the enforcement outcome matters, as well as whether the creditor requested specific actions. In special situations, part of the costs may be charged to the creditor.

Enforcement fee — what determines it

The enforcement fee is the main component of costs and is set by statute. Its amount depends on the type of action and enforcement effectiveness. In practice, fees may be fixed or percentage-based, and may include minimum or maximum thresholds.

Additional expenses

Apart from the enforcement fee, additional expenses may arise, for example: inquiries, service of documents, valuations, announcements, or transport. These elements can significantly change the final settlement.

Costs in real-estate enforcement

Enforcement against real estate usually generates higher costs because it includes valuation, announcements, and auction activities. This should be included in any cost-risk analysis.

Costs after debt repayment

If the debt is repaid during proceedings, costs for actions already performed may still remain. It is worth checking whether and which charges were calculated up to the repayment date.

How much does the debtor pay, and how much does the creditor pay

In most cases, costs are charged to the debtor, but there are important exceptions. In simple terms:

• the debtor usually bears the fee calculated on the amount actually recovered, plus additional expenses,
• the creditor may bear fees, for example when enforcement was clearly unnecessary or in selected discontinuation variants,
• the final settlement depends on how the case ended and which actions were actually performed by the bailiff.

If you want to estimate not only fees but also the practical effect of wage or bank-account attachment, use the salary and bank account attachment calculator.

Practical scenarios

• Article 27: the fee is calculated on the amount actually recovered by the bailiff.
• Article 28: if payment is made directly to the creditor after enforcement starts, the timing and amount of that payment are decisive.
• Article 29: in discontinuation scenarios, the key factors are the amount still outstanding and who bears the fee in that variant.
• Article 30: when enforcement was clearly unnecessary, the fee is charged to the creditor.

Checklist — what to verify

1. Which actions were actually performed by the bailiff.
2. Whether the enforcement fee was calculated correctly.
3. Which additional expenses were included in the settlement.
4. Whether the case falls under Article 27, 28, 29, or 30 of the Enforcement Costs Act.
5. Whether there are grounds to file objections.

Common mistakes

• assuming costs arise only in successful enforcement,
• ignoring additional expenses,
• confusing the enforcement fee with total cost,
• failing to verify the cost settlement,
• overlooking exceptions (e.g., discontinuation on creditor request, direct payment to creditor, advances).

Calculate in practice

Use the bailiff cost calculator to estimate outcomes and compare scenarios. If you are analysing wage deductions or a bank-account hold, also use the salary and bank account attachment calculator.

See also

• Non-payment of child support — enforcement and bailiff
• Contractual penalty — basics
• PCC tax — basics

Sources

• ELI — Act on Court Bailiffs
• ELI — Act on Enforcement Costs (consolidated text)
• Gov.pl — enforcement