To initiate court proceedings, it is best to use an experienced legal counsel. It is worth choosing a good law firm that deals with matters concerning Swiss franc borrowers, because the lawyers’ experience and knowledge are crucial to the case.  This significantly increases the chances of winning the case.

How does a court case begin?

At the very beginning, we can ask ourselves where to conduct the court proceedings. Court proceedings can be initiated anywhere, but the choice will depend on several factors. One of them is the borrower’s place of residence. It is obvious that conducting the proceedings close to one’s place of residence is practical. However, in a case such as a Swiss franc loan, it is worth considering the number of proceedings conducted and the percentage of applications positively considered for Swiss franc borrowers. This will also depend on the law firm we choose. The Swiss franc law firm in Częstochowa will most likely conduct the case in that city.

What are our chances of winning in court?

The course and outcome of the proceedings are primarily influenced by the arguments presented by Swiss franc borrowers. The stronger the legal basis of the claim, the greater our chances of having the case considered favorably. As for nationwide results, most cases end in favor of borrowers and against the banks. If we are unsuccessful, we still have the option of filing an appeal.

What will the costs of court proceedings be?

When preparing to file a lawsuit, we must also be ready for additional costs related to the proceedings themselves. What will require payment?

  • court proceeding fee
  • stamp duty
  • paid court-appointed expert opinion
  • service costs – Frejowski law firm

The court proceeding fee is a maximum cost of PLN 1,000. It most often amounts to exactly that, because it depends on the amount claimed. Claims related to Swiss franc loans, which are usually mortgage loans, are generally substantial, so the court proceeding fee is the highest.

Stamp duty is a relatively small cost, but it must not be forgotten. It amounts to PLN 17 and is paid to the cashier at the relevant municipal or provincial office. Next, there is the paid expert opinion. This fee does not have to arise in every case, but it benefits the Swiss franc borrower because it is an objective opinion. The losing party also bears the costs. If we win the case, the bank bears these costs. In addition to our own fees, there are also the costs of remunerating the law firm that assists us in the court proceedings. This amount is determined individually at the beginning, when we report our case. In theory, some firms offer payment for services rendered only if the court proceedings are won. However, one must be careful with such agreements. Sometimes firms charge a percentage of the successful claim, but it is calculated in an unfavorable and incorrect manner, and the Swiss franc borrower has to bear enormous legal-service costs.

Can a Swiss franc loan become time-barred?

Swiss franc loans were granted several years ago. Therefore, some people ask themselves whether such agreements are subject to limitation. Generally, financial claims become time-barred. However, the situation is different in the case of loan agreements involving Swiss francs. They do not become time-barred and are subject to a 10-year limitation period. According to a judgment of the CJEU, the limitation period begins when the consumer realizes that the agreement is defective.