Electronic enforcement from the debtor's bank account


When will electronic bank account enforcement come into force?

Soon, the rules governing the seizure of bank accounts of debtors by court bailiffs will significantly change, all thanks to the amendment to the civil procedure adopted by the Sejm, which introduced electronic execution from a bank account, and new rules for submitting a complaint against bailiff's activities. The new regulations will apply from September 8, 2016.

For what purpose was electronic enforcement introduced?

The main purpose for which the new regulations will be introduced is to adapt the generally understood entire civil procedure to new technologies. Therefore, the court procedure, and in particular the enforcement procedure, has been largely transferred to the so-called "Virtual reality". The introduced changes allow bailiffs to conduct real estate auctions via the Internet and to seize bank accounts of debtors against whom enforcement proceedings are pending.

Where will the electronic attachment of the account take place?

The entire process of electronic attachment of the debtor's bank account will be carried out using the created ICT system. Undoubtedly, such a procedure will enable better communication and more efficient conduct of enforcement proceedings, and will speed up the seizure of bank accounts of debtors. However, in order for the bailiff to be able to seize the account via the Internet, both he and the banks will be forced (by the adopted amendment) to set up accounts in a specially prepared ICT system. The creation of such a system can be considered as the implementation of postulates submitted by bailiffs for a long time regarding the acceleration of the exchange of information related to the execution of seizures of receivables from bank accounts. Pursuant to the new regulations, each bailiff's notification and all bank statements will be submitted in electronic form. The above-mentioned ICT system that performs electronic deliveries between the bailiff and the bank, unfortunately, will not be a free system. The costs associated with its operation will be covered by the entities that use it, in this case bailiffs and banks. The solution in this regard is to include the costs of access to the system among the expenses incurred in the course of enforcement proceedings.

After the new regulations come into force, creditors will be released from the obligation to indicate the manner of enforcement in the application for the initiation of enforcement proceedings. The creditor will only be able to indicate those methods of enforcement that he would not want to carry out.