Legislator Case Law & Legislation
X C 621/21 AI generated

Court orders loan repayment including fees, rejecting installment plan due to creditor's rights.

Case Number X C 621/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court ordered the defendant to pay the plaintiff 9,420.37 PLN plus contractual and statutory interest. The defendant admitted receiving 7,000 PLN but contested the remaining balance and requested monthly installments. The court rejected the installment request as it would unduly delay the creditor's satisfaction, while waiving the defendant's procedural costs due to their financial hardship.

Legislator headnote

AI generated

Art. 720 § 1 k.c.; Art. 36a ust. 1 ustawy o kredycie konsumenckim; Art. 385 § 1 k.c.; Art. 320 k.p.c.; Art. 102 k.p.c.: A court must verify consumer loan clauses ex officio but may uphold fees if they do not grossly violate good morals; installment plans are discretionary and may be denied if they excessively delay creditor satisfaction, though costs may be waived for the debtor's benefit.

Keywords

AI generated
consumer loan contract loan fee validity installment plan denial waiver of costs good morals clause consumer protection law interest calculation

Cited Legislation

AI generated
Art. 720 § 1 k.c.
Art. 36a ust. 1 ustawy o kredycie konsumenckim
Art. 385 § 1 k.c.
Art. 320 k.p.c.
Art. 102 k.p.c.

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