Legislator Case Law & Legislation
I C 579/17 AI generated

Court orders partial debt repayment in installments for a defaulted loan dispute between a bank and a business. The plaintiff's claim for payment and costs was allowed with a structured payment plan.

Case Number I C 579/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court ruled in favor of the bank, ordering the defendant to repay the outstanding loan balance and legal costs. While the full amount was awarded, the court mandated a structured repayment plan of 51 monthly installments rather than immediate payment. The decision balanced the plaintiff's need for recovery against the defendant's financial capacity, setting specific terms for future payments and cost allocation.

Legislator headnote

AI generated

Art. 485 § 1 k.p.c.; Art. 486 § 1 k.p.c.: In debt collection proceedings, the court may order the debtor to pay the awarded sum in installments if immediate payment is disproportionate to the debtor's financial situation, provided the creditor's rights are adequately protected.

Keywords

AI generated
debt collection proceedings installment payment plan defaulted loan contract legal costs allocation proportionality of debt bankruptcy risk assessment civil enforcement procedure

Cited Legislation

AI generated
Art. 485 § 1 k.p.c.
Art. 486 § 1 k.p.c.
Art. 98 k.p.c.
Art. 102 k.p.c.
Regulation of the Minister of Justice of 22 October 2015 on fees for lawyers' activities
art. 320 k.p.c
art. 230 k.p.c
art. 244 k.p.c
art. 98 k.p.c
art. 102 k.p.c

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