I C 1233/18
AI generated
Plaintiff's claim dismissed because they assigned the debt during proceedings without notifying the defendant or obtaining consent.
Poland (PL)
Legislator summary
AI generatedThe court dismissed the plaintiff's lawsuit against the defendant for non-payment of a credit card debt. Although the plaintiff had assigned the claim to a fund, they failed to notify the defendant or obtain consent to proceed as the new creditor. The court ruled that under the simplified procedure, such a change of plaintiff is inadmissible without specific formalities.
Legislator headnote
AI generatedArt. 192 pkt 3 k.p.c.; Art. 196 § 1 k.p.c.; Art. 505 § 4 k.p.c.: In simplified proceedings, an assignment of the subject matter during the course of the proceedings does not affect the further course of the proceedings unless the opposing party consents and the plaintiff notifies the court and the other party.
Keywords
AI generated
assignment of claim
simplified procedure
change of plaintiff
inadmissible amendment
credit card debt
notification requirement
procedural objection
Cited Legislation
AI generatedArt. 192 pkt 3 k.p.c.
Art. 196 § 1 k.p.c.
Art. 505 § 4 k.p.c.
Art. 75-85 k.p.c.
Art. 194-196 k.p.c.
Art. 198 k.p.c.
Art. 98 k.p.c.
§ 2 pkt 3 rozporządzenia Ministra Sprawiedliwości z dnia 2 października 2016 roku
art. 192 pkt 3 k.p.c
art. 196 § 1 k.p.c
Related Decisions
AI generatedI C 171/18
Plaintiff's claim dismissed for failure to prove debt assignment validity with insufficient documentary evidence.
I C 154/16
Court dismisses debt claim against defendant due to valid statute of limitations defense based on credit card contract terms.
I C 165/18
Plaintiff's claim dismissed due to failure to prove debt amount and assignment validity with insufficient evidence.
I C 257/24
Court dismissed credit card debt claim due to statute of limitations expiration after three years.
I C 104/22
Court dismissed investment fund claim against individual for non-payment due to statute of limitations and lack of evidence.