The question seems quite surprising, but if you do not have frequent contact with the debt collector, you may feel lost. You will learn very quickly about whether the bailiff has appeared in your life when starting a bailiff’s execution.
Each creditor who wants to enforce a debt with the help and involvement of a debt collector must enclose an enforcement title to the application for commencement of the execution. It consists of a judicial decision (verdict, order, payment order) with an enforcement clause appended to it. The clause has the content and elements specified in the provisions of the Code of Civil Procedure.
Only after having a set of documents, the bailiff can start actions aimed at debt enforcement.
Notification by the bailiff
There is no possibility that the debtor would not be informed about having the bailiff’s execution, because the first duty of the bailiff is to notify him. The notification is sent in the form of a registered letter with acknowledgment of receipt. This is important both for the execution and for subsequent action, as well as any complaints lodged with the court. The date of receipt and the signature on the return receipt are of great importance and mean that the debtor is properly notified of the initiation of the execution. If the debtor did not receive the parcel and it was twice advised and then returned to the bailiff’s office, it is considered to have been properly served. In the shipment from the bailiff there is a decision to initiate execution.
If in the course of the initiated execution it turns out that the delivery was at the wrong address (the debtor moved out years ago), you can appeal and challenge the actions taken.
Correspondence from the bailiff
During the bailiff’s execution, the bailiff will try to recover the money demanded by the creditor. He will do it in several ways from the property that the debtor currently owns. Step by step, depending on the size of the debt, it will occupy its individual elements: bank account, benefits, remuneration for work. The first is, of course, the bill, which is the easiest way to take a certain amount, because nowadays most or all funds are flowing into your account. A salary or part of it – if there is an amount free from seizure – is taken or in full, in the case of a contract of mandate. The issue of seizing possible benefits is regulated by the relevant regulations, because not all are subject to the bailiff’s occupation.
When the bailiff intends to take out a bank account, he informs both the debtor and the bank as well as the employer in writing. At the request of the bailiff, the bank is obliged to block the account, while the employer is obliged to transfer the appropriate part of the payment to the bailiff.
At the same time, from the first bailiff’s letter initiating his actions, the debtor learns who is the creditor, what is the current debt and what is the method of repayment.
Conversation with a creditor
In a letter from a bailiff, everything should be well explained. If the court has issued a decision on granting the enforcement clause, the debtor should get it together with the complaint about the complaint.
Above all, however, should be included in the letters who is the creditor and what are his contact details and amount of debt. This is important because there are many debt collection companies operating at the moment. This means that the name of the creditor on the judgment may be different from the original one, it is worth having this in mind.
If you have a creditor and are aware that you have already forwarded the case to the bailiff, you should contact the creditor in order to obtain the necessary data of the bailiff. This will make it easier to contact him later.
After registering with BIK, ie the Credit Information Bureau, you can check which creditors you have. This is useful in determining the bailiff. At BIK, you can find not only the name of the creditor, but also his contact details. After the call to the creditor’s office or to him directly if there is a natural person, it is easy to get information about the court bailiff supervising the execution.
Other registries and debtors’ exchanges may be equally useful. These include KRD, BIG, ERIF. You can find the data of companies or persons dealing with searched debt in them. Such information is obtained after registering in the system or in all systems and finding a creditor. This is very helpful, especially if you have more than one debt.
Conversation of execution – what is it?
It happens that the debtor has more than one and more bailiffs executions on the same property. This is called Conversation of execution. It happens when one, but a few bailiffs’ executions were directed to one debtor’s property. However, this is not in line with the Code of Civil Procedure, because it emphasizes very clearly that several executions of the same asset are impossible and can not be carried out. When this situation arises, priority will be given to the bailiff who first started the execution of this property or part of it. Do you need support to keep your financial liquidity? Check loans without bik.