Asset recovery in civil fraud claims in Poland: pre-action considerations

1. Understanding the loss and its circumstances
 

While clients often concentrate on the specific loss and how it occurred, the lawyers should focus on:

2. Identifying potential defendants  
 

Polish civil proceedings require at least minimal identifying data for a defendant, such as a name or business address. If the perpetrator is unknown, claims may be lodged on the basis of specific facts (e.g., “the person responsible for the unauthorized transfer from account X”), provided the description is strong and specific. If the perpetrator’s identity is established later, the proceedings can then continue against the named defendant. In contrast to some common law jurisdictions, Polish courts do not formally permit civil proceedings against unnamed or “unknown” persons.

It is also important to establish whether individual perpetrators are connected to any assets and what type of ownership they have – legal or beneficial. An individual perpetrator will often conceal their assets of crime by arranging for a third party to hold them, for example via a trust or as a nominee.

Polish law does not recognize the divided ownership nor the trust concept. Legal title to land can be verified based on entries made in land and mortgage registers maintained for each real property by the relevant district courts. The content of the registers is deemed conclusive as to the legal title held by an owner.
 

3. Asset tracing as a pre-action imperative  
 

Asset tracing should begin as early as possible, even before formal proceedings are initiated. The objective is to identify assets available for recovery, including those that may have already been dissipated, converted, transferred, or concealed, and to assess whether pursuing a claim will be financially viable.

Gathering intelligence on assets, both domestically and internationally, and leveraging specialized Asset Recovery Offices (AROs) for access to information are of key importance. Poland has established AROs in line with EU directives. These offices facilitate cooperation and provide access to real-time financial and asset registers, including land and company registries, and are engaged in both domestic and cross-border asset tracing efforts.

The Polish ARO (Biuro ds. Odzyskiwania Mienia) is a specialized unit operating within the Police structure, responsible for detecting, identifying, securing, and recovering assets derived from crime or connected to criminal activity. The Office oversees the implementation of tasks related to the detection and identification of crime-related assets and cooperates with national and international authorities and institutions to ensure effective asset recovery.
 

4. Pre-action evidence preservation and interim measures  
 

Unlike common law jurisdictions, Polish civil procedure does not, as a rule, provide for pre-action disclosure or search orders. The availability of pre-action disclosure is very limited; however, a party may apply for the preservation of evidence where there is a substantiated risk of its loss, destruction, or alteration. In such circumstances, the court may order that specific evidence be secured, including evidence in the possession of third parties (such as banks or accountants), but only where the applicant demonstrates urgency and provides sufficient justification.

Interim asset-freezing measures (freezing injunctions) may be granted where the applicant adduces credible evidence that assets are likely to be dissipated prior to the enforcement of a judgment. The applicant bears the burden of establishing the risk of dissipation and must submit documentary evidence in support of the application.
 

5. Criminal proceedings as a parallel or alternative route  
 

Often, civil claimants in Poland rely on the criminal process to uncover essential evidence and to benefit from law enforcement’s broader investigative powers (including asset tracing, seizure, and disclosure of documents under bank and telecommunications secrecy). It could be beneficial to pursue civil and criminal actions simultaneously: criminal proceedings can help secure assets and relevant evidence, which can later support the civil recovery process.

Civil claimants often face significant hurdles when attempting to collect evidence independently. In purely civil proceedings, claimants are responsible for substantiating their case and have only limited avenues to compel disclosure from adverse parties or third parties. By contrast, prosecutors and law enforcement authorities in criminal proceedings have extensive investigative powers. These include:

Civil claimants can benefit indirectly when these investigative measures uncover facts or materials relevant to parallel civil litigation. Once evidence is collected in the criminal case, it can often be requested and introduced into civil proceedings.
 

6. Sources of information
 

In Poland, there are a number of useful public databases that can be used to trace assets. These are a good starting point, and the information obtained from such sources can be helpful in identifying other assets. The following is a non-exhaustive list of databases that could be checked:

 

Land and mortgage register: You can search for information on property ownership in the land and mortgage register, provided you know the address of the property in question. Legal title to all types of real property can generally be established based on entries made in the registers maintained by the relevant district courts. The content of the registers is deemed conclusive as to the owner’s legal title. This information is accessible online.

 

Commercial register: If you know that an individual is a director or shareholder of a company, you can conduct a company search in the commercial register. This may reveal the individual’s residential address as well as the company’s financial position. In this way, it is possible to link a potential defendant to companies that may hold assets, which could in turn become targets for enforcement.

 

Social media sites: Many individuals share extensive personal information on social media platforms such as Facebook, X, or LinkedIn. These platforms can provide insights into a person’s lifestyle, family connections, and potentially other assets that can be traced. Conversations or interactions on social media may also help to identify useful information.

 

 

Cases of complex civil fraud present unique and significant challenges in litigation. By its very nature, fraud is covert, deceptive, and often deliberately obscured through layers of misrepresentation, concealment, and misuse of legal or financial structures. This makes the burden of evidencing a claim considerably more difficult, while simultaneously carrying the additional strategic risk that a fraudster will seek to dissipate or conceal assets before judgment can be enforced.

 

Against this backdrop, the initial phase of the process assumes critical importance. An early and focused assessment - designed to establish an intelligence-gathering framework, fact-find efficiently, and determine the scale and nature of the wrongdoing - can prove decisive. This stage lays the foundation for a broader litigation strategy, including the identification of key actors, jurisdictional considerations, and early steps for asset tracing and recovery. It requires careful planning, specialist knowledge, and, often, a degree of urgency.

 

By investing particular attention and resources at this initial stage, claimants are better positioned to define the evidential case, safeguard the integrity of potential recovery, and chart a clear strategy through what is invariably complex and hostile litigation terrain. In short, success in civil fraud actions frequently depends on the strength and precision of the groundwork laid at the very outset.