Abstract

In the article the author analyses how the costs of legal representation in an enforcement case by comparing the contents of two Supreme Court resolutions: of 8 March 2013, III CZP 1/13, OSNC No. 12/2013, item 136, and of 13 July 2011 (III CZP 37/11, OSNC No 3/2012, item 32) and the decision of the Regional Court in Bydgoszcz of 24 February 2015 (II CZ 55/15, Legalis). The outcome of the analysis induce the author to formulate a proposition that the bailiff should by the finalizing order establish and award to the representative of the debtor the costs of representation in the enforcement proceedings calculate according to value of the enforced performance at the time of filing an application or demand for enforcement or an application, and in case this application (demand) is extended to cover enforcement of or securing a new performance apart from the existing one or a subsequent part of the hitherto enforced (secured) performance – as at the date of this extension taking into account the amount of interest as at the date of concluding or discontinuation of the proceedings.