Debt is a serious matter, especially when it grows day by day. It can be assumed that if the debtor is able to repay the debt, even slowly, he will try to do it. However, there are situations when the debtor has nothing, no property or income, it is worth knowing how the bailiff works in such a situation.
Do bailiffs operate effectively?
Bailiffs hear more and more, not always good, but I must admit that the number of bailiff offices is increasing. This is mainly due to the arrival of indebted people who have problems with repayment of loan commitments, arrears with fees or maintenance indebtedness.
Almost every year, research is conducted on the effectiveness of court bailiffs. In the 1990s, it was at the level of 30%, which over the years gradually changed.
Currently, the best result of bailiffs’ efficiency is considered to be 2016, when the recovery rate was over 12%. It is difficult to say whether efficiency will increase in each subsequent period, because the situation of debtors affects the success of the execution.
Groups of insolvent debtors
More and more often, the debtor does not have property that can be taken as part of the bailiff’s execution. In this situation, the bailiff can not act as he always does when collecting the arrears for the benefit of the creditor. Then there is nothing to download them from.
Such problematic situations occur when the debtor is not employed or has any assets that the bailiff can take to be sold.
Currently, there are two groups of debtors that cause such problems, they are: young debtors – they do not have property, do not have a job, because it is her loss that often comes with the appearance of debt.
Loans taken at the time of a good financial situation become impossible to pay once employment is lost. In this situation, many debtors return to their apartment with their parents and live on their dependents, without having their own real estate and movable property.
Debtors who do not have any savings, the flat in which they reside is a cooperative place, and the source of their maintenance is alimony, which is not subject to seizure by the bailiff.
What in this situation?
After finding out that there is no possibility to pay anything towards the debt, the bailiff must write a letter informing the creditor. Information is given in it that the execution is ineffective and the reasons are given.
From the time of delivery, the creditor has one week to submit the application with any other methods of debt collection. If he does not make such an application, then the execution is discontinued.
Debtor in the debtors’ register.
What after the discontinuation of the enforcement proceedings?
The Register of Insolvent Debtors is useful, and above all allows you to quickly check whether a person is listed in it. If the debtor is insolvent, there is no property, the entry in it is a natural state of affairs after discontinuance of the bailiff’s execution.
The bailiff’s enforcement begins with the bailiff’s execution of the writ of execution with the enforcement clause issued by the court (enforceable title). The bailiff on the basis of such documents proceeds to enforcement, notifying the debtor about it by letter.
The purpose of the enforcement carried out by the bailiff is to collect the debts and satisfy the claim of the creditor. It does not take more than it is indicated in the execution title. However, if the debtor does not have any movable property, there is no savings, he has only an empty bank account, for which no money is received, no title to any real estate, no salaries or valuable items, the bailiff has no chance of debt collection. This means that the only way out of the bailiff is to assess the execution as ineffective.
This is an introduction to the dismissal of enforcement proceedings.
How is the procedure discontinued?
Sometimes it is hard to believe, even bailiffs, that the debtor has nothing but debts that reach several or several thousand zlotys.
Looking from the side, they do not lack anything: flat, car, foreign trips, necessities and things just for entertainment. In short, they can afford to lead a comfortable life.
It is a separate group of debtors who officially has nothing but an unofficial lot. These are situations when everything is saved to other people. A flat for a wife, a car for an adult child, a marriage has property separation, the eventual company also belongs to the wife, and the salary is received by the debtor under the table, i.e. black.
All this means that officially the debtor has nothing. There are no documents that would confirm any of his property, so the bailiff can not take any steps to collect debts from the property.
Debtor and the salary “under the table”
A separate group of debtors is a growing group that at first glance has everything from a large house to luxury utility items. However, none of them belong to them, so the bailiff has no right to take them. Are you looking for help? Go to the credit site for indebted users!