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I C 963/17 AI generated

Court upheld mandatory payment orders against defendant, denying cost reimbursement due to lack of asset dissipation evidence.

Case Number I C 963/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court upheld mandatory payment orders issued in two separate proceedings against the defendant, P. G., for a total of 95,520 PLN. The plaintiff argued the defendant had dissipated assets by transferring property to his wife and selling materials for personal use, while the defendant claimed inability to pay due to low income and existing debts. The court rejected the defense's arguments regarding asset dissipation and lack of repayment capacity, ruling that the original orders remained valid and the defendant was not liable for additional process costs.

Legislator headnote

AI generated

Art. 102 k.p.c.; Art. 113 uksc; The court upheld mandatory payment orders where the debtor's claim of inability to pay or alleged asset dissipation lacks sufficient evidence to justify modifying the original judgment or shifting process costs.

Keywords

AI generated
mandatory payment order dissipation of assets process costs allocation repayment capacity judgment enforcement civil procedure code state cost bearing

Cited Legislation

AI generated
art. 102 k.p.c.
art. 113 uksc
art. 845 paragraf 2 k.p.c.
art. 333 paragraf 2 k.p.c.
art. 720 i następne k.c.
art. 481 k.c
art. 723 k.c
art. 320 k.p.c
art. 102 k.p.c
art. 5 k.c
AI generated
VI GC 65/22
Plaintiff withdrew claim; court vacated default judgment against one defendant and ordered him to pay process costs.
XVIII C 5105/16
Court dismisses claim against individual for loan debt due to statute of limitations expiration. Plaintiff failed to interrupt limitation period before deadline passed.
I C 1673/13
Court dismisses debt claim and orders plaintiff to pay defendant's legal costs despite financial hardship.
II Cz 173/15
Court partially allows appeal by granting half fee waiver due to pensioner's financial hardship and rational expenditure of sale proceeds.
I C 743/16
Court dismissed defendant's statute of limitations defense and allowed plaintiff's claim for debt and interest.

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