The bailiff usually does not see this bill. More and more Poles keep their funds there
The bailiff can seize your salary, savings and bank account. However, there is an account that cannot be easily traced.
The bailiff can seize many of the debtor’s assets if he acts on the basis of an enforcement order, most often issued by the court. In practice, enforcement usually covers remuneration for work, funds accumulated in bank accounts, as well as movable property such as a car or electronic equipment. In special situations, the seizure may also cover real estate. This does not mean, however, that the executor has full freedom. The regulations provide for exemptions from enforcement, which include, among others: selected social benefits, family allowances and items necessary for everyday functioning.
Bailiff enforcement
Bailiff proceedings usually begin with serving the debtor with a notice of initiation of enforcement. Such a letter contains the most important information, including the legal basis for the activities, the amount of debt and planned activities. The bailiff then tries to recover the debt, most often by seizing the salary, pension or funds in the bank account.
If this is not enough, it is possible to seize movable or immovable property, which may later be sold at auction. However, the entire procedure must be carried out in accordance with applicable regulations, and the debtor has the right to file complaints against the bailiff’s actions, and in certain situations, request that the enforcement be discontinued or stayed.
In case of financial problems, it may be more beneficial to reach an agreement with the creditor and establish realistic repayment terms rather than avoiding contact or trying to hide your assets. This is important, especially because not every solution that seems “safe” provides full protection.
Money protected
The Revolut account is of particular interest. As indicated, in practice the bailiff has a big problem with finding it quickly. The reason is simple: Revolut operates outside Poland and is not included in the OGNIVO system, i.e. the electronic tool of the National Clearing House used to quickly determine in which banks the debtor has accounts. This means that a Revolut account is not automatically captured like accounts held by traditional banks operating in Poland.
The bailiff does not have easy access to such an account, and establishing it requires additional actions. Theoretically, seizure of funds is possible, but only when the executor knows the account number. At the same time, this situation may change. Revolut plans to launch a bank in Poland, and then the funds accumulated in such an account could become available to the bailiff on similar terms as in the case of other bank accounts.
FAQ – Bailiff proceedings
When can a bailiff start enforcement?
The bailiff does not act on his own. To initiate enforcement, you need a legal basis, most often an enforcement title issued by the court and a request from the creditor to initiate enforcement. Only then can it begin activities aimed at recovering the debt.
What can a bailiff seize?
During enforcement, the bailiff may reach, among others: to remuneration for work, funds in a bank account, pension, annuity, movable property, and in some cases also real estate. The scope of action depends on the type of debt and the debtor’s assets, but each action must be within the limits of the law.
Can a bailiff seize everything?
NO. The regulations provide for limitations on enforcement. Certain benefits and some funds that are subject to statutory protection are excluded from seizure. This means that the bailiff cannot arbitrarily take away all of the debtor’s property or money without taking into account applicable exceptions.
What can the debtor do if he believes that the bailiff is acting incorrectly?
The debtor has the right to file a complaint against the bailiff’s actions. Such a remedy is available when the party believes that the bailiff has violated the regulations or taken inappropriate actions. The Ministry of Justice even provides an official form for such a complaint. The deadline for submitting it is usually one week.
How do bailiff proceedings usually start?
Most often, from the delivery of the notice of initiation of enforcement or seizure. Then the bailiff takes the first steps, e.g. establishes the debtor’s bank accounts and directs the seizure to the bank or employer. In practice, establishing bank accounts is often done using the OGNIVO system.
