I C 306/24
AI generated
Plaintiff dismissed for failing to prove assignment of credit card debt and lack of standing.
Poland (PL)
Legislator summary
AI generatedThe court dismissed the plaintiff's claim for payment against the defendant, ruling that the plaintiff lacked legal standing to enforce the debt. Although the plaintiff alleged a debt transfer, the court found the submitted documents insufficient to prove the specific assignment of the credit card contract from the original lender to the plaintiff. Consequently, the plaintiff failed to meet the burden of proof regarding both the existence of the assigned debt and the validity of the transfer chain.
Legislator headnote
AI generatedArt. 108 k.p.c.; Art. 98 § 1 k.p.c.: A plaintiff must provide concrete evidence of a specific debt assignment; general transfer agreements or lists of claims without signed attachments do not establish standing or the validity of the transfer.
Keywords
AI generated
assignment of claims
lack of standing
credit card debt
burden of proof
transfer of receivables
Cited Legislation
AI generatedArt. 108 k.p.c.
Art. 98 § 1 k.p.c.
Cited Case Law
AI generatedRelated Decisions
AI generatedI C 52/25
Court dismissed consumer loan claim due to plaintiff's failure to prove standing and validity of the electronic contract.
I C 991/15
Civil court dismisses loan claim due to failure to prove loan contract existence and late evidence submission.
I C 2123/14
Court orders payment of loan debt and interest, rejecting defendant's claim of inability to pay as irrelevant to liability.
II Ca 565/15
Appeal court quashes default judgment for failure to apply Art. 339 § 2 CPC regarding undisputed facts.
I1 C 310/19
Court partially allowed consumer loan claim, reducing interest due to abusive fee clause under Civil Code.