Claiming receivables from IKE
Contrary to many misconceptions, the funds accumulated on the Individual Retirement Account are not free from bailiff activities. Execution against IKE is not often carried out by creditors, although they have the right to satisfy their receivables in this way.
Savings under the magnifying glass of the bailiff
As a rule, the funds accumulated in the first and second pillar of insurance, i.e. in ZUS and OFE, are free from bailiff activities. In the case of a legal source of income, contributions are automatically transferred there. Payments to the IKE account (3rd pillar) are voluntary - citizens are not obliged to save in this way.
The rules and functioning of IKE are regulated by the Act of April 20, 2004 on individual retirement accounts. It is also important that the term individual retirement account or the abbreviation IKE is reserved only for the form and mode of saving resulting from the content of the above-mentioned act. The funds accumulated in IKE may be encumbered with a lien, so there are also no contraindications for their seizure by a bailiff.
Bailiff looking for the debtor's IKE
It may be difficult to determine with which fund the debtor has signed the contract. When answering the question about contribution payers, ZUS informs only about OFE. The creditor may order the search by a bailiff - if the debtor has an IKE, he asks the institutions that run the search. The formalities may be complicated by the fact that there are many institutions that run IKE, ranging from life insurance companies, open investment funds, to brokerage houses and banks. The creditor should include the order to search for IKE in the application for the initiation of enforcement proceedings.
Execution from IKE
Before the commencement of IKE enforcement, the creditor should submit an application to the bailiff, in which he will list the seizure of funds accumulated on the IKE account as one of the types of enforcement. In practice, enforcement against IKE is the seizure of receivables on an individual account by the bailiff, who then terminates the IKE maintenance agreement. The collected money must be returned to the debtor's bank account (most often already seized by the bailiff). In this way, the cash can cover the liability along with the resulting costs. It should be remembered that this method of debt recovery complies with the applicable legal status, but it is rarely used by creditors. It should be recommended, in particular, when recovering difficult debts, in situations where the debtor runs away with the property in various ways.