Translation of a statement on submission to enforcement proceedings: an important legal procedure in business and rental agreements

English to Polish translation and Polish-English translation of documents is a frequent solution in case of agreements pertaining to international transactions or rental agreements concluded between parties of various nationalities. One of the documents signed as a collateral is a statement on submission to enforcement proceedings. We explain how this document should look like and when a certified translation service is required.

Statement on submission to enforcement proceedings – what you should know

It is a formal document in which a debtor consents to conducting enforcement proceedings against the debtor’s property for the purpose of satisfying the creditor’s claim. This step is usually taken if the debtor is unable to settle his or her liabilities towards the debtor voluntarily, and the creditor took steps in order to recover receivables with the use of debt enforcement proceedings.

A statement on submission to enforcement proceedings can be submitted voluntarily by a debtor or be imposed by a court enforcement order. In the statement, the debtor usually consents to all actions which can be undertaken against his or her property for the purpose of debt repayment. This document cannot  be drawn up in a regular written form because it requires the form of a notarial deed in order to be valid (a document drawn up by a notary public).

Translation of a statement on submission to enforcement proceedings

In Poland, a statement on submission to enforcement proceedings can also be translated to English for the purposes of international transactions or for the purposes connected with occasional rental of an apartment for a foreigner. We recommend having a translation certified by a sworn English-Polish translator. In this way, such translation becomes legally valid.

Business contracts require solid collaterals. One of the documents increasing certainty of a transaction is a statement on submission to enforcement proceedings. In case of credit or loan agreements for companies, translation of this document is not only a benefit, but frequently it is a necessity.

Occasional rental agreements are often encountered in the real estate sector. In such cases, a translation of a statement on submission to enforcement proceedings is obligatory to ensure clarity and legal certainty for both parties of the rent.

Notarial procedures and the role of a sworn translator

Notarial procedure ensures safety and reliability for the parties involved in a given action. As an independent lawyer and a person of public trust, a notary public supervises conclusion of agreements, confirms authenticity of data included in the documents and identifies parties participating in the transaction. If one of the parties does not speak an official language of the country in which the procedure takes place, a certified translation is indispensable. The translator’s task is to provide faithful translation of the documents and oral explanations, allowing all parties to fully comprehend them regardless of the language they speak.

Translation of legal documents into English, a commonly recognised international language, is often a solution convenient for all the parties to an agreement.

A foreigner in Poland: translation of legal documents

For a foreigner renting an apartment under occasional rental agreement in Poland, translation of legal documents is a must. This pertains to rental agreements and all documents connected with such a transaction. One of the obligatory documents which must be translated by a sworn English-Polish translator is a statement on submission to enforcement proceedings. It must allow for full comprehension of the contents of the documents by a foreigner and also satisfy legal requirements in Polish legal and administrative system.

English to Polish translation and Polish to English translation

In the area of translations of legal documents in Poland, translations are made in both directions. Both English / Polish translation as well as Polish / English translation can be required in certain situations. Examples of use of translations of documents:

  • understanding official documents by a foreigner such as court order for payment or legal interpretation,
  • registering a marriage concluded abroad in a Polish Registry Office (translation of a marriage certificate),
  • providing a foreign employer with qualifications or professional testimonials (e.g. translation of a degree certificate),
  • in business transactions (e.g. English to Polish translation or Polish to English translation of staff records, financial agreements),
  • in rental agreements or sales agreements,
  • when a court of law states that a given document must be translated by a sworn translator.

Why a certified translation matters in case of a statement on submission to enforcement proceedings?

The presence of a sworn translator is needed when a statement on submission to enforcement proceedings is made and the party is a foreigner. It acts as a collateral during signing of occasional rental agreement. Only a certified translation of such document has legal effect and, therefore, can be used to institute debt enforcement proceedings in relation to a debtor.

Trust the specialists: the Office of a Sworn Translator and Interpreter of the English Language Jacek Kasprzyk as an expert in sworn translations

When deciding on translation of legal documents which should be a certified translation, it is worth to examine the market and search for experts who have both experience as well as legal and translation qualifications. The Office of a Sworn  Translator and Interpreter of the English Language Jacek Kasprzyk which specialises in certified translations from Polish to English and from English to Polish satisfies all these requirements. Hence, if you need a reliable certified translation services, do not hesitate to contact us!

A certified translation usually pertains to financial agreements, judgments, agreements, decisions and other complex documents written in a specialist legal language. As issues requiring translation already constitute a source of anxiety, the best option is to select a verified and experienced translator to avoid additional stress. What is equally important, we will also be certain that our documents are translated in a reliable manner and are legally effective.

 

FAQs

How much does a statement on submission to enforcement proceedings cost?

A cost of making such a statement depends on the value of liability. The higher the value of benefit in reference to which we submit to enforcement proceedings, the higher the notarial fee. In the case of obligation to vacate and release the premises being the subject of occasional rent, the cost of such service usually amounts to PLN 300 – 500.

Is the presence of a sworn translator necessary at the notarial office?

Yes. In case of all actions with participation of a person who does not speak Polish fluently to make a declaration of will or knowledge before a notary public, the presence of a sworn translator is necessary. A sworn translator interprets an action into a foreign language spoken by a foreigner fluently (it does not need to be the foreigner’s native language).

How to write a statement on submission to enforcement proceedings?

You do not write the statement on submission to enforcement proceedings by yourself. Such document must be drawn up and certified by a notary public in order to have legal effect.

Who pays for a statement on submission to enforcement proceedings?

As a matter of principle, the costs of drawing up a statement on submission to enforcement proceedings are covered by the party making the statement. In the case of vacating and releasing premises by the future tenant under occasional rental agreement, the parties may determine to share the costs of such notarial action equally or the landlord may cover the costs entirely.

How much does translation at the notary’s office cost?

Several factors contribute to the the cost of a certified translation of notarial actions: the time for which we engage the translator (usually the cost of such service is calculated according to hourly rate or so-called time block covering for instance 2 or 4 hours), travelling time to the place of service, level of complexity of formalities being the subject of a translation and also the direction (English to Polish translation or Polish to English translation).

What is the difference between certified and standard translation?

A certified translation is a translation certified by a translator having qualifications of a sworn translator conferred by the Minister of Justice of the Republic of Poland. It contains a certification of compliance of a translation with the original document or copy of the translated document, signature and seal of a sworn translator. Due to high substantive and formal requirements, a certified translation constitutes the most reliable form of translation of a document from a foreign language into Polish and vice versa.

A standard translation usually constitutes a translation of a document/text into a foreign language (or from a foreign language) which is not certified by a translator. Therefore, such translation does not bear an official certification guaranteeing faithfulness and completeness of a translation.

Can a sworn translator refuse to make a translation?

A sworn translator may refuse to produce a translation for the benefit of authorised authorities only in exceptional circumstances when valid reasons justify such refusal (sickness, accident or death of a close person, or holiday). A translator should refuse to produce a translation if he or she does not have sufficient expert knowledge in a given area, does not know specialist terminology or does not have enough time to prepare oneself for a specialist translation or has already accepted another order for a translation at the same time.

When do we need a certified translation?

A certified translation service is usually needed for the purpose of confirming the contents of a document drawn up in a foreign language before national administration authorities, the police, court or public prosecutor’s office. It is also indispensable when a foreign document is needed to perform an action of legal importance, e.g. a notarial deed or completing formalities at a bank. It also pertains to oral actions confirmed with a signature of a sworn translator, e.g. statements made in offices, before a court of law, at the police, but also in widely understood business transactions in private enterprises.

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