X C 1823/19
AI generated
Court dismissed bank's claim for overdue credit card debt due to plaintiff failing to prove the debt was due.
Poland (PL)
Legislator summary
AI generatedThe court dismissed the bank's claim for payment of overdue credit card debt because the plaintiff failed to prove the specific date the debt became due. Although the plaintiff presented bank statements and a pre-litigation demand letter, the defendant's appointed curator argued these documents did not establish the exact date of default. The court ruled that without proof of when the monthly obligation became due, the claim was premature and could not be enforced.
Legislator headnote
AI generatedArt. 6 k.c.; Art. 118 k.c.; The burden of proof regarding the date of default lies with the creditor, and a periodic debt claim is premature if the specific date of due performance cannot be established.
Keywords
AI generated
burden of proof
periodic debt
date of default
premature claim
credit card contract
statute of limitations
civil procedure
Cited Legislation
AI generatedArt. 6 k.c.
Art. 118 k.c.
Art. 245 k.p.c.
Art. 98 k.p.c.
§ 1 ust. 1 Rozporządzenia Ministra Sprawiedliwości z dnia 9 marca 2018 r.
art. 6 k.c
art. 118 k.c
art. 245 k.p.c
art. 98 k.p.c
Related Decisions
AI generatedII C 634/17
Court dismisses bank's claim due to plaintiff's failure to prove contract termination date and statute of limitations start.
I C 83/14
Court dismissed defendant's mediation request and awarded plaintiff bank full credit card debt plus costs.
I C 900/16
Court dismissed consumer loan defense and ordered bank to recover principal, interest, and costs.
VIII C 1983/16
Court dismissed defendant's objection and awarded bank judgment for unpaid credit card debt with interest.
I C 1027/16
Court dismissed defendant's defense and awarded plaintiff full claim for unpaid credit card debt with interest and costs.