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Dęmski Mirosław, adwokat
Augustów, Poland

Founded in 2010
1 person in their team
English
Dęmski Mirosław, adwokat is a solo law practice in Augustów led by attorney Mirosław Dęmski. The practice assists individual clients and businesses in civil, family, criminal, and administrative matters, with work involving property, inheritance, and compensation claims.Its services include...
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Poland Class Action Legal Questions answered by Lawyers

Browse our 3 legal questions about Class Action in Poland and read the lawyer answers, or ask your own questions for free.

Can we file a group lawsuit in Poland against a developer for delaying our apartment completions?
Real Estate Class Action
My neighbors and I bought apartments in Warsaw, but the developer has delayed handing over the keys by over a year. We want to know if Polish law allows us to join forces to sue them together for compensation. We are trying to figure out if a group proceeding is... Read more →
Lawyer answer by mohammad mehdi ghanbari

Yes. Polish law permits a group proceeding (postępowanie grupowe) against a developer, including for consumer claims arising from delayed completion or handover of apartments. Generally, at least ten claimants are required. Their claims must arise from the same or similar...

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1 answer •
Can I still join the ongoing class action lawsuit against [company removed] in Poland regarding Swiss Franc mortgage clauses?
Banking & Finance Class Action
My husband and I took out a Swiss Franc indexed mortgage in 2008 and have paid massive interest due to unfair terms. We heard there is a group litigation currently active against our bank in Warsaw. We want to know the deadline to submit our declaration to join and what... Read more →
Lawyer answer by mohammad mehdi ghanbari

In Poland, Swiss-franc mortgage cases are usually pursued as individual claims, even where a law firm represents many borrowers against the same bank. There is therefore no general Warsaw “group litigation” deadline to join. If there is a genuine pending...

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1 answer •
How many people do we need to start a group litigation against a [company removed] for delayed apartments, and what are the upfront court fees?
Real Estate Class Action
My neighbors and I bought apartments in Warsaw, but the developer has delayed completion by over a year and refuses to pay contractual penalties. We want to sue them together as a group to save on legal costs and apply more pressure. I read that Polish class actions have strict... Read more →
Lawyer answer by Recososa Law Firm

Hello: Presuming this is in Poland, yes, a group action may be possible, but it is technical and must be structured carefully from the start. Under Polish group proceedings, the usual requirements are: a.) There must generally be at least...

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1 answer •

Could your Augustów dispute qualify for group proceedings?

In Poland, a group lawsuit can allow at least 10 people to pursue claims of the same type that arise from the same or similar facts. The procedure is governed by national law, so living in Augustów does not by itself make a claim eligible or determine which court will hear it.

For Augustów residents, a possible shared dispute might involve customers affected by the same contract terms, repeated billing practice, or alleged product defect. Tourists and local businesses may also have claims linked to the same service provider or event. Similar losses alone are not enough: a lawyer must assess whether the legal claims and key facts fit the statutory requirements.

Group cases are heard by regional courts. The correct court depends on procedural venue rules and the defendant’s circumstances; residents’ location does not automatically mean the case will be heard in Augustów.

When a lawyer can help with a group lawsuit

Polish group proceedings require representation by an advocate or legal counsel, unless the group representative is themselves an advocate or legal counsel. Legal advice can also help establish whether joining a group case is more suitable than bringing an individual claim.

  • Customers in Augustów and elsewhere say the same supplier applied a disputed contract term or billing method.
  • Several buyers report the same defect in a product sold locally, and their claims rely on closely related evidence.
  • Consumers say they suffered similar losses from the same sales practice or service provider.
  • Visitors who booked the same local tourism service report a shared failure to provide what their contracts promised.
  • Residents or businesses face similar harm linked to one event or activity, but need advice on whether their claims share a sufficient factual basis.

A lawyer can review documents, compare potential members’ claims, explain costs and risks, and organize evidence. This assessment matters because people cannot join a group case solely because they live in Augustów or have complaints against the same defendant.

Polish laws that govern group claims

  • Act on Pursuing Claims in Group Proceedings (17 December 2009; in force from 19 July 2010) sets the main rules for group lawsuits, including group eligibility and court procedure.
  • Code of Civil Procedure (17 November 1964; in force from 1 January 1965) provides general civil court rules that apply alongside the group-proceedings statute.
  • Civil Code (23 April 1964; in force from 1 January 1965) contains many of the underlying rules on contracts, damages, and other civil claims that may be pursued in a group case.

These national laws apply in Augustów. The particular legal basis depends on the facts and the type of claim.

Frequently asked questions

How many people are needed to start group proceedings?

At least 10 people must pursue claims in the group. They must also meet the legal requirements concerning the type of claims and their factual basis.

Do all group members need identical claims?

No, but the claims must be of the same type and based on the same or similar facts. A lawyer should compare the contracts, events, and alleged harm before advising whether the claims can be combined.

Can I join a case just because I live in Augustów?

No. Residence in Augustów does not establish eligibility. Your claim must fit the group’s legal and factual basis, and you must meet the applicable participation requirements.

Can group proceedings include claims for money?

Yes. Monetary claims may be pursued, but the law sets requirements for how claims within a group are presented and organized. A lawyer can assess whether the amounts and supporting evidence can be handled under those rules.

Can the group ask the court to order something other than payment?

Group proceedings can cover certain non-monetary claims as well as monetary claims. Whether a particular request is suitable depends on the legal basis and the relief sought.

Who represents the group?

The case is brought through a group representative, who may be a group member. In consumer cases, a consumer ombudsman may also act as representative under the statutory rules.

Do I need to hire my own lawyer if I join a group?

The group representative must generally have professional legal representation by an advocate or legal counsel, unless the representative holds one of those qualifications. Ask the representative’s lawyer what work is covered for each member and whether you should obtain separate advice.

What costs should I ask about before joining?

Ask about the lawyer’s fee, any agreed success-based element, court fees, and possible liability for the other side’s costs. The court fee in group proceedings is generally calculated at 2% of the claim value, subject to statutory limits.

How long does a group case take?

There is no fixed completion period for every case. The court must address whether the case can proceed as a group, and the timetable can depend on objections, evidence, appeals, and the number of participants.

Can I bring an individual lawsuit instead?

Possibly. An individual case may be more suitable where your evidence or circumstances differ substantially from other people’s, or where you need a remedy that does not fit the group claim. A lawyer can compare the available routes and their costs.

Does joining a group case protect my claim from limitation deadlines?

Limitation rules depend on the legal basis and the steps taken in the specific proceedings. Do not assume that discussions about joining a group will preserve your claim; get advice promptly and keep records of relevant dates.

Official resources in and around Augustów

  • Powiatowy Rzecznik Konsumentów in Augustów: the county consumer ombudsman can provide assistance on consumer matters and explain available complaint routes. The office can also advise whether a consumer issue may warrant further action.
  • Office of Competition and Consumer Protection (UOKiK): the national authority handles matters involving competition and collective consumer interests. It is not a substitute for advice on an individual damages claim.
  • Regional Court in Suwałki: regional courts hear group proceedings. Whether this court is the proper venue for a particular Augustów-related dispute depends on the applicable procedural rules.

Steps to find and hire a group-proceedings lawyer

  1. Gather your records, within a few days: collect contracts, invoices, correspondence, advertisements, photographs, and a timeline of what happened.
  2. Look for a Polish advocate or legal counsel: check their professional status and ask about experience with group proceedings and the type of dispute involved.
  3. Arrange an initial assessment, often within one or two weeks: ask whether your claim appears to share a legal and factual basis with at least nine other people.
  4. Compare potential members’ evidence: with the lawyer, identify how their contracts, losses, and key events match or differ from yours.
  5. Request a written explanation of costs and risks: clarify legal fees, court fees, possible adverse-cost exposure, and how any recovery would be allocated.
  6. Agree on the representation and next steps: review the engagement terms, confirm who will act as group representative, and ask what documents or decisions are needed before the case is filed.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.