Bringing the debtor and arrest - who pays the payment?


The creditor in enforcement proceedings pursuant to Art. 916 of the Code of Civil Procedure has the right to submit an application to bring the debtor to court.

Bringing the debtor and arresting them - coercive measures

The creditor has the right to submit such a request if his debtor does not appear in court without justifiable reasons and thus fails to submit a list of his assets (disclosure of assets) and fails to fulfill the obligation to make an oath. The law also provides for other sanctions that can be applied against the debtor in the event that the debtor did appear on the date specified by the court, but firmly refuses to make an oath, or when he does appear, but does not want to disclose his assets or refuses to make an oath confirming the truthfulness of the list of assets. In such cases, the court may impose a fine on the debtor of up to PLN 5,000 or even order the debtor to be arrested for up to 1 month. The above sanctions undoubtedly affect the effectiveness of the institution of disclosure of assets.

In the situation described above, it seems obvious that the costs of arresting a witness should be covered from the state budget, and not from the creditor as the initiator of the proceedings. On the other hand, in this respect, state institutions very often approach the interpretation of this issue in a very different way, namely applying the interpretation of Art. 916 § 1 of the Code of Civil Procedure which, in the previous wording, referred to the provisions on the enforcement of non-pecuniary benefits, and Art. 1056 § 3 of the Code of Civil Procedure According to the above-mentioned regulations, the costs of arrest should be covered from the debtor's earnings. Therefore, it is the creditor who is obliged to pay the bailiff in advance the sum needed to bring the debtor to arrest and, in addition, cover the costs of his food for the duration of the sentence (this does not apply to the case when the creditor is exempt from court costs).