text translated automatically from the Polish version
[Legal status as at January 2019]
The creditor (the parent taking care of the minor child for whom claims are being claimed) addresses the sending body (usually the President of the District Court competent for the creditor's place of residence), the transfer of the case to the appropriate receiving authority (in the USA or Canada), joining the following documents when:
- the debtor's address is known:
for an application for a declaration of enforceability and for enforced execution of the sentence and for the United States an additional harmonized application in the matter of alimony,
for a copy of a final judgment adjudging maintenance in the form provided for in legal transactions with foreign countries (NOTE to the USA must be 3 equally sound copies),
for a certificate along with an English translation (US) or copies of documents (Canada) confirming that the debtor who did not participate in the proceedings before the court received a notice of initiation and a copy of the statement of claim,
for a written statement made before the notary public about the amount of overdue maintenance (only CANADA)
for a third copy of the certificate of enforceability of the judgment, a special form is filled in by the court adjudging on maintenance (regarding only the USA),
o additionally, the following forms must be completed: on the search for a debtor's person / property, information on the judgment and a statement on arrears and on the transfer and confirmation of receipt.
- the debtor's address is known:
for an application for seeking a debtor,
for a copy of the sentence adjudging maintenance with a declaration of validity and enforceability.
ATTENTION in the case of the enforcement of maintenance from Canada, it is necessary to know the address of the debtor, it is not possible to submit a request for his search!
In the case of Canada, the principle of reciprocity exists:
- in the provinces: Alberta, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Saskatchewan, Isle of Ks. Edward,
- in the territories of: Northwest Territories, Yukon
The principle of reciprocity does not exist:
- in the provinces: British Columbia, Quebec,
- in the territory of: Nunavut.
In the territory of Nunavut and the above provinces, it is possible to enforce claims only on the basis of voluntary submission to the obligation by the obligated person.