Execution of the case from outside the bailiff's district
The main principle that exists in the Polish legal system is the freedom to choose a bailiff. We can choose a bailiff from among all those operating in the country, also from outside the bailiff's district. The bailiff may not refuse to accept the application for enforcement if it is his or her choice by the creditor. The legislator has provided for certain exceptions to this general rule. Is it possible, then, to execute a case from outside the bailiff's district?
Bailiff enforcement - when can a bailiff refuse to take over such a case?
One of such exceptions is execution against real estate, namely in this case the so-called the rule of exclusive jurisdiction, which means that the bailiff is competent to conduct the case in the area of which the given property is located. Another exception in which the bailiff could refuse to accept a given case for enforcement was the situation in which the bailiff, citing Art. 8 of the Act on Bailiffs and Enforcement, he refused to initiate enforcement, to execute the decision on granting security or to take other actions falling within the scope of his statutory tasks, if the arrears in the enforcement carried out by him exceeded six months (while counting the arrears, maintenance and other repetitive payments were not included) benefits). It is in this respect that new regulations have been introduced.
New regulations in the freedom of choice of the bailiff
The new regulations changed the wording of Art. 8 of the above-mentioned Act in such a way that the freedom in choosing a bailiff has now been limited. Pursuant to the new wording of the provision, the bailiff will be forced to refuse to accept the case (initiate enforcement, execute the decision on granting security or undertake other activities falling within the scope of his statutory tasks) in the following cases:
when the debt is overdue for more than six months in the scope of enforcement carried out by him,
when the impact of all cases in a given year exceeded 5,000, and the effectiveness of his executions in the previous year did not exceed 35%,
the impact of all cases in a given year exceeded 10,000.
The new regulation on departing from the previously used model of bailiff's district (which is the area of operation of one bailiff) aims to increase the number of bailiffs in Poland and thus improve the efficiency and effectiveness of judicial enforcement. The legislator decided that only by enabling conditions conducive to the opening of new bailiff offices will it be possible to achieve the intended goal.
The new regulations entered into force on November 8, 2015, but here too, the legislator made a certain exception, namely in relation to bailiffs whose influence of all cases in a given year exceeded 10,000 - these regulations entered into force on January 1, 2016.
Summing up, on the basis of the discussed topic, it should be clearly emphasized that the new regulations prevented the creditor from freely choosing a bailiff who would handle his case. The adopted regulations obliging the bailiff to refuse to accept a case from outside the district have created a certain legal barrier for the creditor, because he will in fact be able to choose a bailiff, but on the condition that it will be a bailiff running the office, in which the impact of cases during the year will not exceed 2000.