A bailiff’s visit, just like contact with him, always arouses anxiety and even terror. It is never a pleasant meeting because it involves existing debts and the need to repay them. Not always the debtor is aware of what the bailiff can and what is not and most importantly: whether he can enter a house that does not belong to the debtor.
What are the powers of a bailiff?
Let us answer the question: can a bailiff enter a house that is not the debtor’s property? The bailiff’s work and he himself is often demonized, so much so that the bailiff goes into the house, taking what he wants.
However, this is not true, as the first of the bailiff’s duties is to enforce final court decisions. This means that it is not him who decides what to take and who he will take. Judicial decisions (judgment, order, order for payment) that the bailiff carries out are primarily related to monetary and non-pecuniary claims. In order to be subject to implementation as part of bailiffs’ execution they should be provided with an enforcement clause, although the bailiff’s task is also to execute enforcement titles, which are enforceable without giving them a clause. Such situations regulated by the relevant regulations.
In addition to the enforcement of judgments, the court bailiff among his duties has the service of judicial notices, notices, complaints and confirmations. All this must have a confirmed date of receipt. The date of receipt of the document by the debtor and the creditor is particularly important. It is also important that the bailiff – at the request of the creditor – is looking for the debtor’s assets.
Beginning of the execution
The bailiff whom the creditor will submit to the enforcement title, i.e. the court’s decision with the enforcement clause granted to him, can go to action. This means that enforcement proceedings will take place on the property and on the debtor’s assets. Judgment is the basis of action, because without it there is no possibility of its commencement.
It is worth remembering to realize that the bailiff does not act on the basis of his own will and for his own interest, but fulfilling the tasks “ordered” him by the administration of justice.
It is noteworthy that in the course of his duties, the bailiff must identify himself with an ID issued by the National Bailiff Council. It contains personal data of a bailiff, a function, a designation of a district court at which the bailiff operates and a photograph.
What can a bailiff take?
There is a specific list of what a bailiff can take during the enforcement proceedings. The first thing that can be taken care of by a bailiff is the remuneration received for the work provided.
At the same time, it is not the whole remuneration, but part of it, because the bailiff is obliged to leave the minimum amount of remuneration (it depends on the type of contract held). The second thing is the ability to take out a bank account, that is, all sums affecting them, above the minimum amount free of attachment. The third thing is getting a pension. Fourth: owned real estate, and fifth movable property, among which the items eligible for bailiffs include: television, laptop, computer, mobile phone, home appliances and electronics, tablet, refrigerator, microwave, coffee maker, furniture, bicycle, machine for sewing, jewelry, watches, camera, printer, camera.
Bailiff and the entrance to the debtor’s flat
In the case of commencement of bailiff enforcement, the bailiff has the right – on the basis of relevant documents – to enter the debtor’s flat. Such a law does not have an indicator, which is worth remembering. The debtor in relation to whom the execution is carried out is obliged to let the bailiff into the occupied premises, otherwise he may enter despite his will. If the debtor resists, then the bailiff can come with the police, and he has the right to even break the door.
The bailiff enters the apartment to estimate the movable assets there that can be used to repay the debt. At the same time, it is worth remembering that the bailiff has legal grounds to seize property that is in the possession of the debtor, although he is not necessarily the owner. This means that if the son uses a motor belonging to his father, the current regulations allow the bailiff to take over the motor.
Can a bailiff enter a third-party apartment?
For many indebted people, as well as people who have indebted individuals in the family, it is very worrying that the bailiff will come to them in search of debt repayment options.
It seems that the entrance to a third person’s apartment, which has nothing to do with debt, is not possible, but this belief should be verified. The bailiff can enter the third-party apartment. However, this is related to specific situations.
Such an entry may be made by the enforcer if there is a suspicion that some of his property is located in the flat that is not the debtor’s owner. This is connected with the fact that the bailiff extends the debtor’s assets, towards repayment of the debt, and the apartments close to the debtor of the persons – families, friends – are the first place for the possible storage of things with material value.
This is in no way an illegitimate act, as it is regulated by article 845 of the Code of Civil Procedure, which in paragraph 2 clearly states that “the debtor’s movable property may be seized or in the possession of the creditor who directed the execution to them.
Moves of the debtor in the possession of a third party can be taken only if the person agrees to their seizure or admits that they are the property of the debtor, and in cases specified in the Act. However, in the event of a coincidence of judicial and administrative execution, it is permissible to occupy movable property in accordance with the rules provided for in the regulations on administrative enforcement. “
Bailiff and a third-person apartment
The mentioned recipe is not detached from reality but created on its basis. Debtors are willing to hide their belongings in their closest flats, regardless of whether they are valuable or small. The bailiff in the course of his duties is also interested in small elements of the debtor’s property, not only those of high value (car, TV), but also of lower value, eg. Mobile phone, mixer, collectible figurines.
This means that if you have an indebted family member or friend and the bailiff knocks in search of his property, he will not act illegally. In this situation, it is necessary to prove that the given items do not belong to the debtor. This can be done by presenting purchase receipts. Are you looking for help? Look at the credit for indebted parties.