What is unsuccessful enforcement - important information


Creditors who try to recover their debts through enforcement proceedings conducted by a court bailiff may very often encounter a situation in which they will receive a rather "unequivocally" wording from the bailiff handling their case, namely a decision to discontinue enforcement due to ineffectiveness. What is ineffective enforcement?

What is ineffective enforcement?

It very often happens that in such a case the creditor ceases to pursue his claim, thinking that since the authority conducting the enforcement proceedings has issued an appropriate decision, it means that he is right and there is no hope that the above situation will change and he will recover his money. for which he fought for a long time, often involving large sums. Also on the debtor's side, receipt of an ineffective enforcement order against him may mislead him.

After what time does an ineffective enforcement procedure become time-barred?

The debtor may understand that the enforcement proceedings conducted by him did not have any effects, so he was canceled and thus the debt to him was also canceled. Nothing could be more wrong, because any receivable that is confirmed by an order or a court judgment expires only after 10 years. In addition, each time the creditor sends the enforcement application to the bailiff, the limitation period is interrupted and only when the enforcement proceedings are discontinued does the 10-year limitation period begin to run again. As a result, such a payment order or judgment issued may be valid theoretically indefinitely.

Undoubtedly, a major obstacle in the correct understanding of the general concept of ineffectiveness is the lack of uniform jurisprudence on this subject. Courts consider each case individually. Nowhere in the entire legal system can we find an unequivocal definition of this concept. This creates huge problems of interpretation and disputes in the doctrine.

Debt collection offices have recently paid particular attention to this problem. According to the Polish Debt Collection Association, it is the Ministry of Economy that should be responsible for defining what an ineffective enforcement is, if only due to the fact that at the moment it is not known what data on debtors will be in the registers. The Ministry of Economy should determine whether the concept of ineffective enforcement should be understood as enforcement discontinued under the Code of Civil Procedure, or whether the understanding should be much broader and be limited to all proceedings that do not bring any effect.