Failure to pay financial obligations always leads to serious problems that generate a dispute with the creditor. Problems with financial liquidity and the inability to pay off debts open the whole long way, at the end of which bailiffs can be executed. Contrary to popular opinion, however, it is not a decision of the bailiff himself and is a last resort. How is this execution going and what can the bailiff do? What laws is armed and when does it exceed its powers?
What is bailiff enforcement?
Using the most straightforward definition of bailiffs’ execution, it should be stated that this is the seizure of the debtor’s assets in favor of his obligations, which is carried out by a bailiff officer. Its task is to collect the debt to the creditor and his explicit request or security of property, the value of which can compensate for the lack of a repaid financial liability. This does not mean, however, that the bailiff decides what and when he will commande. Officials often abuse their rights based on the ignorance of the debtors’ code.
The bailiff does indeed work at the district court and his task is to confiscate the property, but it is only the court that decides whether this can be done. Enforcement can only be carried out if the creditor has a writ of execution, ie a court decision declaring the attachment of the debtor’s assets to the creditor. This process is also a last resort. Usually, the courts seek to establish a settlement under the so-called mediation. Its purpose is to establish new rules for repaying the debt, which the debtor will cope with and which will also be an opportunity for the creditor to recover his debts.
The bailiff only performs
The most important legal aspect that should be adopted by the debtor who is in trouble and has stopped paying his obligations is the fact that the bailiff does not decide anything. Before a court judgment decree on a writ of execution or a request for payment is issued, the bailiff does not even have the right to enter the debtor’s house, unless he voluntarily decides to let him. The bailiff should not even contact the debtor on behalf of the creditor. Any attempts to enter into a conversation or visit without the express consent and will of the debtor are treated as bailiff abuse of the indebted party.
The bailiffs office only exercises executive power, which helps to implement and enforce court decisions. In the event that the creditor obtains a writ of execution by way of a court verdict, the debtor is obliged to allow the bailiff to enter the house and allow him to search, also in private places like in the storage for underwear, pockets or bedding. If the debtor is absent, the bailiff has the right to open the premises using a locksmith. Resignation by the debtor, when the debt collector performs the execution in accordance with the law, can be additionally punished by the court. However, it is worth remembering that every bailiff’s execution can only take place when it is preceded by a court order.
What can a bailiff take?
There is a lot of doubt about what a bailiff can take and what he has no right to confiscate. The good that the bailiff can take is the debtor’s remuneration. Execution, however, is not subject to the entire amount. Its amount depends on the type of receivables. If the debt is caused by non-payment of maintenance obligations, 3/5 of the amount constituting the monthly remuneration of the debtor is subject to enforcement. In all other proceedings, the maximum amount of enforcement is 50% of remuneration. The bailiff has the right to apply to the employer with a request to set the procedure of automatic deduction of the awarded amount and transfer it to the indicated account. The most common subject of bailiffs’ executions are movables. Among them there are items such as: rtv and household appliances, all motor vehicles, jewelery, home furnishings. The bailiff also has the right to take enforcement actions, in particular plots, houses and garages.
Execution has limitations
Even when the court issues a judgment on the enforcement of the debtor’s assets, this does not mean that the bailiff can seize everything he wants. The court and creditor decide, but even the decision issued has its limitations. The law says that the debtor and his family can not be left without money as a result of the execution. The requisition is not subject to necessary everyday items, such as: bedding, underwear, clothing or business outfit or uniform. The bailiff also has no right to seize objects and tools that are used to perform paid work that determines the maintenance of the debtor and his family. Food supplies for one month are also excluded. In the case of farms, animals that provide food are not allowed to be killed: one cow, two goats or three sheep. The bailiff also has no right to subject to the execution of objects for religious practices, papers and personal documents as well as materials necessary for learning. Medicines are also excluded.
When does not property belong to the debtor?
Emotions are aroused by the situation when the bailiff executes a good that is not the property of the debtor. He has the right to do so. It is not the responsibility of his duties to judge the legal situation of property. The bailiff is entitled to execute goods in the possession of the debtor, and therefore also to those to which he does not have the right to property. The obligation of the debtor who is present during the enforcement is to keep the bailiff informed of who is the actual owner of the seized property and to provide contact details. In the event of the debtor’s absence during bailiff’s actions, he is obliged to inform the bailiff in writing on the basis of data collected from the received copy of the seized property protocol. It is the duty of the bailiff to contact the legal owner of the property, which has been subjected to enforcement by the bailiff. The owner of the seized property, which is not a debtor, may demand the release of the goods from enforcement only in court.