Success for BBS Law Firm. Victory over the State Treasury in a dispute over the return of secured receivables

The law firm’s client was in dispute with one of its advisers. This adviser obtained a freezing order during the proceedings which led to the bailiff seizing significant funds in the client’s bank account. After the claim was validly dismissed and the security lapsed, it became apparent that the funds had not been properly secured, but had been unlawfully paid to the adviser claiming the security. The client decided to seek compensation directly from the State Treasury jointly and severally liable for the damages caused by the bailiffs.

The Prosecutor General’s Office of the Republic of Poland, representing the State Treasury, argued that the claim was time-barred, as the claim should have been brought when the client became aware of the irregularities committed before the bailiff. The court rejected this argument, indicating that it was not legally possible to pursue a claim against a bailiff with an enforceable security title, and therefore the statute of limitations did not begin to run until the collateral collapse and the obligation to return the funds seized by the bailiff arose.

In the case described above, the court had no doubt that the Referee was liable and awarded the full amount claimed.

The judgment is not final.