Invalidating a Swiss Franc (CHF) Loan and Reimbursement of Overpaid Installments - Law Firm in Katowice
Attorney-at-law and court mediator Krzysztof Malinowski, who runs the firm, represents clients in both court proceedings and mediation in matters relating to Swiss franc (CHF) loans. Having an experienced, professional legal representative involved in the proceedings is decisive for how quickly the case moves and how favorably it concludes.
Banks We Have Experience With
As part of our specialization, we offer you an analysis of your loan agreement, pursuit of overpaid loan installments, or a court judgment declaring the entire loan agreement invalid, in relation to the following banks: PKO BP (formerly: PKO BP, Nordea Bank), Bank PEKAO, mBank (formerly: BRE Bank, Multibank), Bank Millennium (formerly: Millennium, Euro Bank), Santander Bank Polska (formerly: Kredyt Bank, BZ WBK), Getin (formerly: Getin Noble, Noble Bank), Raiffeisen Bank, Santander Consumer Bank (SCB, PTF Bank), ING Bank ÅšlÄ…ski, BNP Paribas (formerly: BGÅ» and Fortis Bank), Bank BPH - GE Money, Deutsche Bank, BOÅš (Bank Ochrony Åšrodowiska), and Bank Handlowy.
Reimbursement of Overpaid Loan Installments and Other Claims Against the Bank
We recover all amounts unlawfully collected by banks - that is, we comprehensively handle cases for the return of funds unlawfully collected in connection with mortgage loan agreements, including claims arising from the invalidity of the loan agreement and the reimbursement of overpaid loan installments. At the same time, we help recover premiums unlawfully collected by insurers in connection with the loan agreement, in respect of low own-contribution insurance, as well as premiums related to so-called "unit-linked insurance policies" (insurance products linked to capital funds).
Why 2026 Is a Good Time to Take Action
The legal situation of CHF borrowers in 2026 is more favorable than it was just a year ago. As of 7 August 2026, a new law has entered into force that automatically suspends the obligation to repay loan installments from the moment the bank is served with the lawsuit - without the need to file a separate motion to secure the claim and without waiting for the court's decision on that motion. This solution covers mortgage loans indexed and denominated in Swiss francs, as well as consumer loans linked to the CHF.
The effectiveness of the proceedings themselves is also increasing. In 2024, courts resolved 16,867 CHF loan cases, of which as many as 98% were decided in favor of the borrowers. In 2025, for the first time in history, courts closed more CHF loan cases (127,000) than the number of new cases filed (93,500) - the so-called case-clearance rate reached 135% overall, and as much as 200% in the regional courts alone. This means a genuinely shorter waiting time for a resolution than just a few years ago.
It is also important that the "two independent claims" theory (teoria dwóch kondykcji) - which is favorable to consumers, treating the borrower's and the bank's claims as two separate, independently settled claims rather than automatically offsetting them against each other - remains the binding line of case law. In its ruling of 5 September 2025 (case no. II CSKP 550/24), the Polish Supreme Court confirmed that the earlier judgment of the Court of Justice of the European Union of 19 June 2025 (case C-396/24) does not require Polish courts to apply the less favorable "balance theory" (teoria salda), particularly where it is the borrower who brings the claim.
If you currently have, or previously had, a loan denominated in Swiss francs, it is highly likely that you may be entitled to claim reimbursement of overpaid loan installments, as well as premiums unlawfully collected for low own-contribution insurance and surrender fees (intermediaries arranging Swiss franc loan agreements often also offered clients so-called "unit-linked insurance policies").
Frequently Asked Questions | FAQ
Can I get a preliminary assessment of my case?
Yes, a preliminary assessment is available for every case. To arrange one, please contact us by phone on +48 32 738 00 30, or send an email to biuro@radcaprawny.edu.pl.
Is my data/documentation safe?
The professional secrecy obligation of an attorney-at-law guarantees the highest level of confidentiality for the information you provide. In addition, information security is ensured through the technical and organizational measures implemented at the firm, as required by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the General Data Protection Regulation). Your rights concerning the processing of your data are set out in the "Privacy Policy for Clients" information notice.
What documents should I prepare?
an agreement
annexes to the agreement (if they have been entered into)
regulations
a repayment schedule
* If you do not have all documents, it is possible to apply for copies of documents to the bank
Do I still have to keep paying my loan installments while the court case is ongoing?
As of 7 August 2026 - no, you don't. Under the new CHF loan legislation, once the bank is served with the lawsuit, the obligation to repay installments is suspended automatically, by operation of law, without the need to file a separate motion to secure the claim and without waiting for the court's decision on that motion. This applies to mortgage loans indexed and denominated in CHF, as well as consumer loans linked to that currency.
The bank has offered me a settlement - is it better to accept it or to sue?
It depends on the specific offer, but the statistics are clear: in 2024, nearly 98% of CHF loan cases decided by the courts were resolved in favor of the borrower. Banks mainly propose settlements to limit their own legal risk and the cost of losing in court (including default interest and legal representation costs) - a settlement usually means only a partial resolution, not the full reimbursement of unlawfully collected funds that can be obtained by winning in court. Before signing any settlement, it is worth having its terms reviewed by a lawyer who is independent from the bank.
Can my claim become time-barred if I delay my decision?
As a general rule, a consumer's claims against a bank (e.g., for the reimbursement of overpaid installments) become time-barred after 6 years from the moment the consumer became aware of the unfair contractual terms - and for claims that arose before 9 July 2018, the longer, 10-year limitation period may still apply. However, the limitation period and its exceptions are currently the subject of ongoing proceedings before the Court of Justice of the European Union, so the safest course of action is to have your individual situation reviewed as soon as possible, rather than assuming you have plenty of time.
What happens to the bank's mortgage entry in the land and mortgage register after I win my case?
The mortgage entry is not removed automatically once a final judgment invalidating the agreement is obtained. An application must be filed with the land and mortgage register division of the relevant district court to have the mortgage removed, attaching the bank's statement of consent to the removal. If the bank delays or refuses to issue such a statement, the application can still be filed without it - the court may remove the mortgage entry on the basis of the judgment alone, and a complaint may also be filed with the Polish Financial Supervision Authority (KNF) regarding the bank's delay. We help our clients through this procedure after a successful case.