They say that love is blind – and actually it is better to inflict someone in a killing than to indulge and fall into the financial loop . We do not hide it is difficult, because nowadays hardly anyone has the fortune that there is no financial backlog. And unfortunately, the long problem is “on time” and they require considerable determination and consistency to get out of them. You already know how to check your debt in BIK , ZUS and how to protect yourself from inheriting the “hill” of unpaid obligations. Now is the time to deal with debt bailiffs. How to check them?
The problem of debts is a subject that is navigating in today’s media, almost all the time. There are often talks about unpaid obligations – especially among the younger generation, which does not show a desire to save on anything. They do not want to put off for 10 “fat” years for a new car, because it is 10 years lost, during which you can make amazing cruises and travel around the world. And in fact – it’s hard to disagree with that … However, it does not bother them in financing “pleasure” with installment loans or consumer loans that they pay off with great troubles, or even general! An even larger scale of debt concerns the older population group, after the age of 35, whose debts reach well over PLN 1 billion.
Therefore, if you are in this part of people with financial problems and bailiffs on the back of the neck, you have to answer one basic question – namely: what amount are you in debt?
First of all – where does this Debt come from? …
The debt on your account is quite a surprise for you? In that case, analyze your current revenues and expenses, as well as the receivables – bank and non-bank accounts receivable. You must know that all debts can be “collected” by debt collection companies that look for debtors and charge additional interest. In this way, they “invest” in debt, waiting for any signal from the payer. The last resort is the execution of a bailiff , which often becomes the worst nightmare of the debtor. However, know that the bailiff does not have unlimited power. He is not above the law, and you are not his slave! Everything is regulated in the provisions of the Civil Code. Luckily, knowing your bailiff’s privileges and responsibilities, you can easily find yourself in a new situation. Ba – thanks to this you will keep your poker face!
Second – check yourself in the debtors’ registers!
Before you ask a bailiff to provide you with your debts – in the first step look at the free databases: BIK , KRD, ERIF and BIG InfoMonitor . This is not only a good way to check whether the obligations enforced by the bailiff actually exist, but thanks to them you will also have a better overview of the financial situation. We have brought closer the exact operation of the bases in one of articles . We will briefly remind you that access to them for every person, once every six months is free!
Thirdly – and maybe I have outdated claims?
Mastering the art of sound management is also a skill you should acquire. It is worth checking whether any of your debts are not expired . Remember, however, that the limitation period for debt is not the same as its redemption! Which means that the commitment has not been canceled, only you are entitled to defend against a court order for payment!
What else can you not forget about quoting the debts? Well, it is not recognized ex officio, and at the request of the debtor! Simply put – the creditor, regardless of the fact that the “expiry date” of the claim has ceased, counting on your lack of direction, will continue to send orders for payment of the entire liability ! Then it is enough that by telephone or by post you will notify the court about the debt limitation, and this should resolve the embarrassing situation.
Knock, knock … bailiff – what do you know about your debt?
In case you finally want to check your debt with a debt collector – the most sensible step will be to use the knowledge you have acquired from the registers: BIK, KRD, BIG “InfoMonitor” and ERIF. You will learn from them, among others about the exact details of the creditor. All you need to do is call him and get information about the debt collector or debt collection company who is handling your case.
Of course, you can also wait for the official letter notification from the bailiff, who will present exactly what your current debt looks like. According to art. 763 of the Civil Code – the bailiff is obliged to notify the payer of any action , about which date he was not notified and at which he was not present, and at his request give explanations about the state of the case (Act of 17.11.1964, Journal of Laws from 2018, item 1360)
Therefore, every debtor who has any doubts as to the amount of the enforced amount or the period of its repayment, as well as insufficient knowledge about the settlement of the claim – has the right to ask the enforcer to update the debt and exact payment of paid and overdue installments.
Just write the application!
When submitting a request to the bailiff to present the financial situation, it is necessary to write an appropriate application for information regarding the current state of indebtedness. It should be distinguished in it:
- Personal data of the debtor and the creditor
- Personal data of the bailiff
- Act reference
- Determination of the amount of debt and its repayment date
Remember that the bailiff as the enforcement authority is obliged – at the written request of the debtor or the creditor – to provide information about the course of enforcement proceedings! Which means that he does not have to do it when you use other direct forms of communication with him. For example, sending e-mails, calling, text messages or face-to-face conversations does not have to bring the desired effect. However, if, and in a written form, your application has been ignored, the best solution is to file a complaint against the bailiff’s actions. This type of document is also made in writing, subject to the above requirements and justification of its decision – that is, no bailiff’s demands are required.
Know that bad financial history and bailiffs on their heads are not the best testimony to man and his ability to manage the financial budget. Therefore, mastering the art of “getting out of debt” and the ability to communicate with the debt collector will save not only nerves and time, but also money. In the end, each bailiff’s execution involves additional costs. It’s worth counteracting this! How? By checking your debts in the debtor’s and bailiff’s databases, which you should pay back in the next step, as soon as possible.