Bailiff enforcement is the final step in the process of receivables, when earlier attempts did not bring results. It is launched on the basis of a court decision and performed by the bailiff. This topic arouses a lot of emotions and controversy, especially in situations where the bailiff occupies property that does not belong to the debtor.
Can the bailiff take up not belonging to the debtor? The legal advisor took the floor on
The bailiff may occupy the mobility of the debtor, which is in his possession or in possession of the creditor. What is subject to bailiff enforcement?
- Debtor’s property.
- Development of the debtor that is not necessary for life.
In the case of cash benefits:
- The debtor’s salary (the bailiff leaves up to 50 % of remuneration, but not less than the minimum wage).
- Retirement and pension (the amount free of deductions is 75 percent of the minimum pension).
The website business.wprost.pl consulted the legal advisor of GK Legal, Justyna Burska. – The bailiff may occupy the mobility of the debtor in his possession or in the possession of the creditor himself, who directed the execution to them. Vey is an actual disposition of the subject, regardless of the legal relationship that runs this subject – she explained.
However, the occupation is not possible if the item does not belong to the debtor. Thus, in the case of items owned by a third party, the bailiff can eat them Only with the consent of this person or if he confesses that they are the debtor’s items.
The expert adds that the situation looks different in the case of enforcement of maintenance benefits. Here, the bailiff has more room for maneuver, through extended permissions. – It may also be occupied by movable property that was in the possession of a person living together with the debtor without the consent of this person, unless she provides evidence that movable property is his property – said Justyna Burska.
How to appeal against execution? Complaint about the bailiff’s activities as a means of protecting the rights of the debtor and creditor
A third party, in accordance with art. 841 of the Code of Civil Procedure is someone who is not, but whose rights have been violated in enforcement proceedings. The claim should demand release from enforcement, because it violates the rights of a third party, e.g. property, joint ownership, perpetual usufruct, the right to the premises or the principle of social coexistence. If we demonstrate that we are the owners of the subject, it will be excluded from enforcement. You have 7 days to lodge a complaint and a fee of PLN 50 should be paid. It should contain:
- Designation of the court and the signature of the case
- Participants’ data
- Type of letter (complaint)
- Substantive content
- Application for amendment or resolution of the contested action
Do you think that the bailiff should have the right to occupy items belonging to third parties if they are in the hands of the debtor? We invite you to participate in the poll and commenting.
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Source: Gazeta
Bruce is a talented author and journalist with a passion for entertainment . He currently works as a writer at the 247 News Agency, where he has established himself as a respected voice in the industry.
