We hear more and more about executions of bailiffs. This is not a secret, because a lot of people get into debt, they are unable to pay their debts and as a result, the bailiffs have their hands full. Of course, this is not pleasant for the debtor and is associated with the costs of bailiffs’ executions, which may additionally be charged to him.
The costs of bailiffs ‘executions are calculated to be used for debt, but before we get to them, the bailiffs’ execution itself should be mentioned. What is? What rules is it when it starts? If you face a bailiff, you should know about it.
What exactly is a bailiff’s execution?
The execution itself begins only when the creditor can not receive the money despite having a valid judicial decision (judgment, order, payment order). When the debtor does not respond to them, there is no other way to go to the bailiff.
What begins the bailiff’s execution?
Execution of bailiffs and the debtor
The very fact of commencing debt enforcement is not pleasant for the debtor. Not all debtors are people who do not want to pay and run away from installments, for some, due to income, repayment is difficult. With this in mind, it is recommended that the execution and costs of bailiff enforcement be less severe for the debtor. Among other things, for this reason, there is a so-called an amount free of attachment, which prevents the debtor from being paid the entire payment, but leaves him an amount equal to the minimum pay for work.
How much does enforcement cost – enforcement costs?
Execution by a bailiff is not free. The costs of bailiff enforcement are charged. They are not permanent, because they are connected with the actions taken by the bailiff during the enforcement of the receivables. The more complicated it is, it requires a greater amount of work, contact with the services, including the police, the Internal Security Agency etc. can be larger. In addition, their value is influenced by the value of the object of execution. The costs of bailiff enforcement and their billing are set out in the Act (Act of 28 February 2018 on costs of bailiffs).
Bailiff costs and creditor
A creditor who submits an application for commencement of enforcement should pay a bailiff’s account. Without a fee, the bailiff will not start the action, so it is not worth to postpone. At the time when the fees run out, the bailiff will call for payment within 7 days from the delivery of the summons. When the fee is credited to the account, the first activities will start, including notification to the debtor about the commencement of enforcement and securing the funds against the claim. If you have doubts as to the amount you should pay, contact the bailiff’s office.
According to the regulations, three percentage rates are currently in force, by means of which the costs of bailiff enforcement are calculated: 5%, 8%, 15%. They are calculated on the value of the object of enforcement and depend on the manner of debt enforcement.
The method of determining enforcement costs
Under the applicable provisions, the court bailiff has the right to 5% of the value of the enforced benefit in the event of limiting the proceedings or the benefit remaining to be enforced in the event of discontinuation of the proceedings. This applies to cases where the proceedings are discontinued at the request of the creditor. In turn, 8% bailiffs can collect for themselves as part of bailiff costs at the time when the execution will be carried out from a bank account, old age or disability pension, allowance, remuneration for work, scholarship. On the other hand, 15% are entitled to him in the case of executions of very valuable elements, i.e. real estate, movable property, overpayment of tax.
The enforcement officer determines the costs of bailiff enforcement while issuing the order. If any of the parties disagrees with them, e.g. they think that they are too high, they have the right to lodge a complaint against bailiff’s actions. At the same time, the provision in which the costs are included should contain the basis of the truth that was used to calculate them.