A bailiff’s job is not a nice experience and everyone would like to avoid it. Unfortunately, it is not always possible, the debt grows and the bailiff appears. Regardless of whether you already have a debt collector above you, or do not find out what the salary bailiff’s job looks like.
What entitles a bailiff to act?
The basic knowledge about the action of bailiffs should be that they can not start their operations and collect debts without appropriate documents. The first of these is the creditor’s request to take enforcement actions against a specific debtor. An enforcement title must be provided to the application because it entitles you to enforcement. The enforcement title is usually a judicial decision (sentence, order, order for payment), although there may also be a notarial deed with an enforcement clause issued by the court on it. Only this title entitles the bailiff to undertake activities related to debt collection from the debtor with all means available to him.
Without a creditor’s application with a legal basis for execution, the bailiff can not take any action.
Who is interested in the bailiff?
It is not true that debt collection by a bailiff takes place in a manner that is against the law and decency. The bailiff during his action has the right to enter the apartment, even in the company of the police, but does not take from him what he wants and how he wants. This is due to the fact that during enforcement can only be enforced in accordance with the creditor’s request and its content. This means that it can not enforce anything more than that or carry out executions of those parts of the property that were not indicated by the applicant (the creditor). This also applies to non-enforcement of persons who have not been listed in the execution title and the application.
After submitting the application with the title, the bailiff announces the execution of the debtor. The debtor, if he receives the correspondence, can not say that the bailiff and his activities surprised him. The letter from the bailiff is both information about the initiation of the execution, as well as explains on what basis, from what title and on what thing, what amounts are involved.
When does the bailiff pay?
The most hope for repayment of debt can be when the debtor earns and receives a salary. Then the payment will be what the bailiff will pay attention to. It is possible after finding out where the debtor is in debt. It happens that the creditor provides such information, but it is not a rule and often the bailiff himself tries to find out the necessary things at the time of the execution. He is entitled to do so, he does not do it unlawfully, and he gives information to numerous institutions, including:
- Tax Office,
- Social Insurance Institution,
- bank branches.
The sums which the bailiff enforces from the attachment of remuneration are divided into creditors (when there are several of them) or transferred to one creditor after deduction of enforcement costs. Execution of bailiff’s calls An employer who has received a call from a bailiff can not refuse. Of course, he can sympathize with his employee, but the attempt to avoid meeting the call brings consequences. The clause attributed to the writ of execution and thus creating the enforcement title contains information that all institutions, institutions and people concerned are to submit to it. If the employer did not do it, a fine may be imposed on him. Up to PLN 2,000, according to the Code of Civil Procedure. Debtors who want to escape bailiffs come up with different ideas. One of them is the change of work, but it should be noted right away: this is not the way to the expected effect. An employer with whom the debtor terminates the contract by issuing a work certificate should include in it information about the bailiff’s remuneration. The next employer will almost automatically be obliged not to transfer the payment to the debtor. At the same time, he should pass this information to the new employer, if he knows how it is, by joining the bailiff’s request. On the other hand, the debtor should inform the debtor about the change of employer.
New job – an attempt to escape from execution
At the same time, when the employer is not a natural person, it does not absolve him from the possibility of a fine. It will be subject to either a partner or an employee who will take responsibility for complying with the bailiff’s request. It is also important that the employer is to calculate how much of the payment he will give to the bailiff, how much will be left to the employer. This can be done on the basis of information about the current minimum wage in the country and the amount free from seizure bailiffs. When the bailiff knows or acquires information about the debtor’s place of work, he or she can proceed to the act of execution. It will be the employee’s salary and debt.
Stages of the bailiff’s activities
The first stage is to notify the employer – the workplace or the entity – in which the debtor works or performs orders for a given client. The bailiff sends a letter to the employer, in which he calls him not to pay the debtor the amount due to him, but immediately transfers it to the court enforcement officer’s account. It does not happen behind the debtor’s back because he is also informed about the bailiff’s occupation. At the same time it is forbidden to collect the seized amounts. Such a situation applies both to the payment of remuneration at the workplace’s cash office, as well as to scrolling the remuneration to the account. In the latter case, the debtor can not use the funds that enter the bank account. This applies to both salary and any other income. Only the unencumbered amount is guaranteed, amounting to the minimum national wage obtained under the employment contract.
Attachment of remuneration
It may also search for data on the debtor’s account in the OGNIVO system. This system is a communication system between banks and other institutions authorized to search for information about clients. Are you looking for support? Go to the loan page without bik .