Monitor Prawniczy

no. 11/2014

Objection against an order of payment issued as a result of electronic writ-of-payment proceedings vs. supplementing the filing fee

Anna Kościółek
Adiunkt w Zakładzie Prawa Cywilnego i Prawa Rzymskiego WPiA Uniwersytetu Rzeszowskiego.
Abstract

The introduction of electronic writ-of-payment proceedings gave rise to a problem in judicial practice concerning payment of the supplementary filing fee if an objection against an order of payment has been lodged. This is a key issue for the functioning of electronic writ-of-payment proceedings due to the fact that the amount of court fees thereunder is often a fundamental argument for resignation from asserting claims by “ordinary” procedure. The article attempts to prove that the only possible resolution of the above issue is to acknowledge that there is no need to supplement the filing fee. The authoress believes that this seems to be justified by the premises of writ-of-payment electronic proceedings, the current shape of legislative solutions adopted in the proceedings, the uniform opinion presented in this respect in literature, as well as the recent Supreme Court resolution.