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Home / Business / The bailiff should be like a postman. He will seek the debtor himself. The neighbors will help him with this. [21.07.2019]

The bailiff should be like a postman. He will seek the debtor himself. The neighbors will help him with this. [21.07.2019]



Letters from the court are delivered by a bailiff. This is to put an end to the "fiction of deliveries". When determining the address, the debtor helps ZUS, the bank or even a neighbor.

For claims in the simplified procedure up to 20,000 PLN The court fees are up to 1000 PLN. These are changes to the civil procedure that Seym passed in July. The changes are waiting for the signature of the president. They should come into force this year.

Double Awsed? Submitted Funds

Currently, any unsaved procedural note that is expected to be duplicated is considered delivered. It is so-called fiction of delivery, which is to remove the amended Code of Civil Procedure. Upon entry into force of the changes, the bailiff will deal with the delivery of such letters.

His job will also be to look for the current address of the debtor. The bailiffs will come to the service because they will also take on the role of the postman. The length of the proceedings is extended ̵

1; The legislator assigns responsibility for the provision of plaintiffs to the plaintiff, and the defendant provides an effective instrument to paralyze the proceedings. Michał Kwieciński Chairman of the Polish Debt Management Association.

– In a situation where the defendant will not receive the call twice, the other party must submit to the court confirmation of the delivery of the document by the bailiff, or the current address of the defendant or evidence that he is there, submit.

In most cases, the plaintiff must do this. He had to report to the bailiff and pay 60 zlotys. If the bailiff fails to transmit the letter, the plaintiff may request him to pay the defendant's address for an additional fee of PLN 40. The bailiff then gives the addresses he has requested from banks, credit unions, pension and tax authorities.

FURTHER INFORMATION: Will there be a breakthrough in delivery?

– Fee for finding the place of residence of a debtor and the delivery of a letter to him However, not all – added Radosław Cieciórski Legal adviser, board member of the PZZW. – The bailiff is entitled to an additional PLN 20 if the distance between the seat of the Office and the place of residence of the debtor is more than 10 km. It turns out that the total cost of delivery of a letter from the creditor to the debtor can be PLN 120 [/b]. If you get your money back, you have to expect rising costs.

According to Cieciórski, there are also serious doubts as to whether the bailiff can obtain information from other enforcement proceedings he has carried out, and what other way he will receive it. B. or maybe neighbors.

We also recommend: "I will not make a bailiff." They explain that they do this in black.

If the delivery attempt is unsuccessful and the bailiff determines that he has the correct address of the debtor, he gives a note in his mailbox and sets a deadline of 14 days for the collection of the letter. After this time, the letter is deemed to have been delivered and the bailiff returns the letter to the creditor along with information on the agreements reached and the date of delivery. The same situation occurs when the debtor does not live at the specified address – then the letter goes back to the place that ordered the delivery. The creditor may, within two months of the fulfillment of the obligation, file the confirmation of the debtor, return the letter and state the current address of the debtor or provide evidence that the defendant lives at another address. If this is not the case, the proceedings are suspended and the following three months are canceled.

The court fees are increased.

The new provisions will increase court fees, mainly for claims not exceeding 20,000. PLN, ie in the so-called simplified procedure.

What will it look like in practice? For example, is charged a fee of PLN 30 for the value of the claim up to PLN 500, not up to PLN 2000 as before. zł. In return, cases over 15 thousand. PLN will be charged with court fees of PLN 1,000 . The payments for disputes in which entrepreneurs claim large amounts amount to 5%. However, the value of the claim does not exceed PLN 200,000 PLN.

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