p> The bailiff next to politicians and debt collectors holds the leading position among the most disliked professions in Poland. Although he is well prepared for his work and earns a lot – he is very often portrayed as an absolute state official who wants to plunge the debtor at all costs . However, in the light of new laws, the bailiffs’ execution is to become more humane. What, if he continues to violate his duties – he claims rights to the overdue debt or seizes the property of a third party. Is it then possible to change the bailiff?
The bailiff is a soulless public officer! Such a picture is in the eyes of the majority of society. However, it is worth remembering that the bailiff – like a policeman, soldier, guard or judge – must enforce the sentences of the instance and act in accordance with the provisions of the Civil Code. It implements executive titles issued on the basis of separate legal provisions, and also provides court debt for complaints, protests, announcements or notifications. Few people know, however, that it also secures the fall and lists the inventory of the testator. More about rights and duties in the article: What can a bailiff and what can not?
Therefore, it is worth knowing that all bailiff’s enforcement actions must have a legal basis. So a final judgment or payment order with an enforcement clause! Without such requirements, the process of prosecuting the debtor is unfounded!
Bailiff reform – what will change in bailiff’s law?
By the way, many vague behavior of bailiffs in the conduct of proceedings – prompted the Ministry of Justice to change the law. From 1/01/2019, a law is in force, which introduces profound changes. And above all, it replaces over 20 years of bailiffs’ and executions of 1997 regulations.
The new law increased the supervision and control of the Minister of Justice over enforcement officers and the obligation to record enforcement actions! Thanks to this, when one of the parties complains – the whole course of events will be possible to be reproduced. What is also important – in case of a gross violation of the law by the bailiff it is possible to dismiss him from office by the minister of justice or possibly suspension for 30 days, until the matter is clarified.
What else does the bailiff’s reform introduce?
In addition to the above-mentioned changes – the bailiff bears all responsibility for the activities of the assessor who deals with the bailiff’s office in his absence, as well as:
- In order to be beyond any suspicions and interest groups, he must give up running a business. What’s more, the only source of income is to run a bailiff’s office.
- A bailiff’s profession requires legal knowledge – that’s why a bailiff can become a person who graduated from a master’s degree in law – not an administration! Persons who do not have appropriate skills are 7 years from the entry into force of the law, to prove that they have completed law studies!
At the beginning of January 1, 2012, the second act – on bailiff costs – came into force . According to its assumptions, the average bailiff’s payment decreased from 12-15% to 10%. And sometimes 3% – provided that the debt will be repaid within a month of the initiation of the execution.
The pretext for introducing changes was the desire to restore prestige and due respect for the bailiff’s profession. Yes, to be treated as a person worthy of public trust, and not only as an entrepreneur whose main goal is to make a profit, at the expense of “wielding” the debtor’s assets.
Changing the court bailiff during the enforcement proceedings
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From our articles you can find out, among others how the bailiffs’ execution goes, what can and can not be taken by the bailiff or after what time the bailiff takes a salary . If you are wondering about another important issue – is it possible to change the bailiff, despite the ongoing enforcement process, unfortunately, but the debtor does not have such a possibility.
Only the creditor has the right to change the bailiff, who, after submitting the appropriate application for the initiation of the execution – he can choose it on the territory of the whole country! It is worth adding here that in this case the enforcer can not refuse to accept the statement and start specific enforcement actions! However, it is different when carrying out real estate executions. In such a situation, the bailiff authorized to conduct the case is only from the area in which the given property is present.
… What can the debtor do?
During the enforcement proceedings or when the debtor is in danger of being executed by a bailiff, it is not possible to resign from one bailiff to the other … However, this does not mean that the defendant is in a lost position in advance. When the payer has settled his debt, and yet the bailiff still charges – it is possible to discontinue the proceedings, at the request of the creditor or resign from the proceedings and re-initiate the proceedings. However, the latter option involves additional costs.
Therefore, a much more effective solution that a debtor may apply is to file a complaint against bailiff’s actions. This can be used in the case of a justified breach of privacy and good name. According to art. 767 of the Code of Civil Procedure is an appeal that is submitted to the competent district court. These can be actions that have already been made, such as a search of premises, which should be announced. But also those that have not been done yet. For example, a bailiff’s warning that it will take any tools necessary for the debtor’s gainful employment.
COMPLAINT for bailiff’s activities – what do you need?
A payer who wants to complain about the activities carried out by the bailiff – first, he must indicate specific actions that prove the violation of the law. Secondly, it has to decide whether it wants to change or repeal a particular step. Read also: How to stop bailiffs’ execution?
The application prepared in this way should be labeled as: “Complaint against bailiff’s actions”. The debtor should forward them with copies to each party in the hands of the enforcer who abandoned or performed the action complained of. The employee within three days of receipt of the document has the right to make adequate justification for his / her conduct, which, together with the complaint, is served on the competent district court. Unless it takes full account of the guilt – then it will be done without trial. The third equally important issue – along with the complaint, the debtor has the right to submit a request for a partial or full suspension of the enforcement proceedings that is in progress.
Is this the end of the debtor’s options and rights? Well, no – the defendant can also apply …
Court supervision of a bailiff
When the payer does not have too much evidence to file a complaint about the bailiff’s actions, he can use another effective tool – court supervision . According to art. 759 – the enforcer, whose actions the defendant has doubts, is controlled by the court. Thanks to this, the instance can issue appropriate ordinances as well as has the power to remove current weaknesses.
To sum up, many debtors are of the opinion that the bailiff’s main goal is to seize assets as soon as possible. Nothing more wrong! Before visiting the apartment – the enforcer very often invites the defendant to talk to his office to agree on the terms of debt repayment. Therefore, his visit to the apartment is really a last resort when there is really no way to “collect” funds from the disputed receivables. That is why it is worth remembering this, taking next steps in communication with the executioner. Then you will not have to “imitate” radical decisions.