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Draft a statement of defence and challenge the interest
Statement of defence — interest overstated
docx · 6 pages · 11 footnotes to the file and case law
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The claimant Anna Nowak, PESEL 85031204567, residing at ul. Lipowa 8/14 in Kraków, concluded on 12 January 2025 with the defendant Lipowa Sp. z o.o., NIP 6751234567, a lease of commercial premises.
By letter of 2 February 2026 the defendant, represented by the president of the management board Marek Wiśniewski, terminated the lease without the notice period set out in § 9(2). The claimant promptly contested the termination in correspondence sent from a.nowak@example.com.
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Reasoning
Excerpt · case I C 214/26
The claimant proved () that the defendant misled him about the technical condition of the vehicle sold, thereby committing fraud (). With no final conviction, the civil court decides on its own whether an offence was committed ( a contrario). The claim for damage caused by the offence is therefore time-barred twenty years from the day it was committed ().
In this paragraph: 4 citations · all verified
Art. 232
The parties are obliged to indicate evidence to establish the facts from which they derive legal effects. The court may admit evidence not indicated by a party.
Full text and case law (in Polish)Art. 286 § 1
Whoever, in order to gain a material benefit, causes another person to dispose of their own or someone else's property to their detriment by misleading them, or by taking advantage of a mistake or of their inability to properly understand the action undertaken, is liable to imprisonment from 6 months to 8 years.
Full text and case law (in Polish)Art. 11
The findings of a final conviction issued in criminal proceedings as to the commission of an offence bind the court in civil proceedings. However, a person who was not charged may invoke in civil proceedings any circumstances excluding or limiting their civil liability.
Full text and case law (in Polish)Art. 442¹ § 2
If the damage resulted from a crime or a misdemeanour, the claim for redress becomes time-barred twenty years after the offence was committed, regardless of when the injured party learned of the damage and of the person obliged to redress it.
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From the Lexedit blog
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