If the ordering party does not pay the remuneration to the contractor, they may face legal consequences. In such a situation, the contractor has the right to claim their dues.

The first step should be to send a written demand for payment. A pre-litigation demand for payment in the case of a contract of mandate is a formal letter sent by the contractor to the ordering party, in which the contractor demands the settlement of overdue remuneration resulting from the performed service. This type of demand aims to inform the ordering party about the existing financial obligation and to set a specific deadline for the voluntary settlement of the amount due, without the need to initiate court proceedings.

A demand for payment constitutes the final attempt to resolve the matter amicably – it is also a clear signal that, in the event of continued non-payment, the case will be referred to civil proceedings. The content of the demand should include the legal basis for the claim (contract of mandate), the amount of the arrears, the payment deadline, and information about the consequences of non-payment, namely the possibility of pursuing the claim in court along with the costs of the proceedings.

If despite this the ordering party does not settle the payment, the next step is to take the case to court. However, it is important to remember that a contract of mandate is not an employment contract, so such cases are handled not by the labor court but by the civil court.

The contractor should file a claim with the district court appropriate for their place of residence. In the case of unpaid wages, it is possible to request a payment order in summary proceedings. The claim should be accompanied by documents confirming the existence of the obligation, most often a receipt signed by the ordering party is sufficient, as it proves their acknowledgment of the payment obligation and the specified amount.

In the claim, you must provide a detailed description of the circumstances of the case and attach all necessary evidence supporting the claim. Only then can the court quickly and effectively resolve the matter in favor of the claimant.

Template for Pre-litigation Demand for Payment HERE.