The bailiff is a public official acting on behalf of the district court. Therefore, it has quite a lot of powers, but it does not mean a free hand and acting incompatible with legal norms. Each debtor should know what a bailiff can and can not do. Only in this way will he protect himself against all abuses on his part.
The basic tasks of the bailiff
The basic task of the bailiff is to execute court judgments in cases related to financial and non-financial claims, and at the same time to take care of securing these claims. If the debtor does not pay back his financial obligations within the set time, the creditor has the right to submit an application for the initiation of enforcement proceedings. In such a situation, it is up to the bailiff to recover the amount due. There are two possibilities here – either the receivable is in the form of cash, or a certain property is taken with a value equal to cash owed. In addition, it is the bailiff’s responsibility to implement other enforcement or enforcement titles issued under separate regulations, as long as they are enforced without a clause. The bailiff also prepares a report on the facts that precedes the initiation of legal proceedings or before the decision is issued. His duties also include providing court notices, announcements, complaints or protests, of course with confirmation of receipt. It can also receive an order from the creditor to look for debtor’s assets and secure a fall and prepare an inventory of the inheritor.
Enforcement of claims in accordance with the law
Enforcement proceedings are instituted at the request of the creditor, and its basis is an enforceable title provided with an enforcement clause. Bailiff’s obligation shall be a written notification of the debtor about the commencement of enforcement proceedings. The letter should contain information on who the creditor is and clearly indicate the amount to be enforced. Only then the bailiff can start to assess the debtor’s assets and decide what sources the execution will be carried out from.
What can a bailiff?
The specificity of the profession means that the bailiff has special rights that enter quite extensively into the sphere of civil liberty. This applies not only to the ownership right, but also to the home. However, it should be clearly stressed that this does not mean that the established legal standards can be exceeded. What is more, bailiffs’ execution is subject to certain limitations and can not lead to a complete deprivation of the debtor’s means necessary to maintain, including work tools. In any case, in order to satisfy the claims of the creditor, the bailiff may:
- To receive remuneration for work, as well as for retirement, pension or income from other sources;
In the case of a contract of employment, this may be a maximum of 50% of the remuneration, but the debtor should be left with a fixed amount for maintenance. In 2018, the amount free from seizure bailiffs is PLN 1530 net. In other words, when a person indebted on the basis of an employment contract receives a remuneration of PLN 1,530, the amount of seizure bailiff is PLN 0, and at PLN 2,000 it will be PLN 470. This means that only from PLN 3060 will the bailiff have the right to take 50% of the remuneration.
What in other cases?
In turn, in the case of a part-time contract, the amount free from bailiff’s employment is calculated in proportion to the working time. The situation of people working on the basis of a mandate contract is worse, unless it is the only source of income, and the work is permanent and repeatable. Then the debtor is protected to the same extent as in the employment contract. In another case, the bailiff may take up to 100% of the remuneration received on the basis of this type of contract. At the contract for a work nothing protects the indebted person. The amount free from deductions for pensions and pensions is 75%
- To occupy and sell a property, i.e. a house or plot owned by the debtor;
The seizure of real estate may also take place when the debtor is only a co-owner. Of course, the co-owner should be notified of this fact and he has the choice to either agree to the occupation or refuse. The bailiff then discontinues the execution of this property or applies for a clause of enforceability of co-owner. The occupied property is put up for auction, while the debt is covered with money obtained from its sale.
- To occupy and sell movable property, e.g. a car or radio and television equipment, debtor’s household appliances;
- Take a bank account or other property rights of a person in debt.
When the bailiff blocks the debtor’s bank account, the amount of free from seizure bailout is 75% of the minimum wage. This does not apply to maintenance debt, because in this situation, the bailiff has the right to take the entire amount of income.
Can a bailiff enter the apartment?
The bailiff has the right to enter the debtor’s flat, but only if he has an executive title. In the case of refusal to let him in, the bailiff can order forced opening accompanied by the police and this also with the use of force, for example, by balancing the door. Visits on Sunday or at night require a permit from the president of a given district court.
No debtor is completely defenseless against the bailiff and he has certain rights. If the indebted person has doubts about the correspondence between the amounts transferred by the bailiff’s employer and those transferred to the creditor, he has the right to ask the bailiff for clarification. This should be done in writing and what is important, the bailiff can not refuse to reply to the letter. In the event of a fraud or suspicion of illegal bailiff’s actions, the debtor may bring the case against the bailiff and file a complaint against him to the district court. The same will apply to the bailiff’s attachment of personal use items or work tools. Computer is such a working tool, and then the bailiff must withdraw from his attachment. It is also worth remembering that the bailiffs are not entitled to maintenance, education, family and social assistance, as well as family, childbirth, care or care allowances. The debtor also has the right to lodge a complaint against the debt enforcement decision if it was issued without his knowledge. It is also worth realizing that the indebted person is not entitled to negotiate the amount of debt with the debt collector, but he can agree with him on the form of repayment. In this way, it is often possible to minimize the nuisance associated with the obligation to regulate debt so as to satisfy the creditor at the same time. Remember that the amount of seizure bailiffs is not arbitrary and depends on the employment relationship of the indebted person. At the same time, the bailiff has no right to deprive the debtor of all the funds needed for living. In addition, not only finances, but also property are subject to enforcement. In the event of any objections to the bailiff’s work, a complaint may be lodged with the given district court, under which the bailiff is subject. Some companies also offer payday loans with a debt collector . However, is indebting in this situation a good way out?