A rental security deposit, an advance for furniture, a prepayment for a service that never happened. These are among the most common sums that private individuals let go because they do not want to make a fuss. They need not: a refund claim is an ordinary, transferable monetary receivable that can be recovered like any other, including from a company.
When a refund is due
- Rental security deposit: after the agreement ends, less documented damage. Silence from the landlord is not a deduction.
- Advance payment: refundable if the agreement does not go ahead. It differs from an earnest-money deposit, which is forfeited if you withdraw.
- Prepayment for a service not performed or performed defectively: a partial or full refund, depending on the circumstances.
An important distinction: an advance payment (zaliczka) is almost always refundable, an earnest-money deposit (zadatek) follows different rules and may be forfeited. Check which term appears in the agreement or receipt.
Step by step
- Gather evidence: the agreement, transfer confirmation, correspondence and photos (the condition of the property for a security deposit).
- Send a written demand for payment with a deadline. This works particularly well with companies because the prospect of a dispute changes their financial calculation.
- No response: court action, often the e-court for documented amounts. The claim and representation are handled by an authorised representative, a Polish legal adviser or advocate of your choice.
You can add statutory late-payment interest from the day the refund became due. As a private individual, you are not entitled to commercial interest or EUR 40 compensation, and an honest debt recovery company should never promise them to you.
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