Costs of debt enforcement without bailiffs - who pays, how much?
The initiation of bailiff enforcement is a huge problem for the debtor. A bailiff may, for example, inform his contractors about the company's financial problems. Is it worth "getting along" with the debtor and simplifying the course of the proceedings? Read what are the costs of debt enforcement without bailiffs and who pays for it.
Costs of debt enforcement without bailiffs - how much does it cost?
If the debtor has fully or partially repaid the debt directly to the creditor, the creditor should submit an application for discontinuance of bailiff enforcement. When he proves that he has submitted such an application, the bailiff's costs are charged to the debtor and amount to:
- 10% (amount not less than PLN 200), if the debtor repays the obligations to the creditor after one month from the date of receipt of the notification on the initiation of enforcement proceedings,
- 5% (amount not less than PLN 200), if the debtor repays the liability to the creditor within one month from the date of receipt by the debtor of the notification on the initiation of bailiff enforcement.
When are the costs borne by the creditor?
The bailiff's costs fall on the creditor if:
- indicates in the application for the initiation of enforcement a person who is not the debtor,
- the creditor by his inaction will cause the proceedings to be discontinued, e.g. he will not provide the missing details of the debtor,
- will unintentionally lead to the initiation of enforcement proceedings,
- the creditor will not prove in the application for remission of enforcement that the document is related to the conclusion of an agreement with the debtor or the receipt of funds from him as part of the debt repayment.
Settlement with the creditor - to whom is it profitable?
The bailiff's task is to effectively obtain the entire amount of the debt and transfer it to the creditor. However, he collects a fee for these activities and takes actions aimed at collecting the receivables, but they can actually harm the debtor, e.g. when he runs a business, the bailiff may inform his contractors about the bailiff's enforcement, seize a bank account, car, machines constituting the company's equipment . The counterparties withdraw and the debtor has no chance of keeping the company.
It follows that signing a settlement with the creditor is primarily beneficial for the debtor, because he pays the creditor directly to pay the debt. The creditor should inform the bailiff about this fact and submit an application for discontinuance of enforcement (in part - when the payment was partial, in full - when the debtor has repaid the entire debt). All costs of debt enforcement, excluding the bailiff, are borne by the debtor if the creditor meets the above-mentioned conditions (he will submit an application for remission).
Settlement after commencement of enforcement - how much and to whom does it cost?
If the enforcement process has already started and the bailiff has already taken the first steps to recover the debt, it is still possible to conclude a settlement between the debtor and the creditor. The agreement must contain information on the method and date of debt repayment. In response to the concluded agreement, the creditor submits an application for the discontinuance of the execution.
Although the bailiff has not yet managed to collect any money in the proceedings, he is still entitled to a fee in the amount of:
- 5% of the outstanding amounts, if the conclusion of the debtor-creditor agreement took place within one month from the date of receipt by the debtor of the notification about the commencement of enforcement,
- 10% of the outstanding amounts if the debtor-creditor agreement was signed after one month from the date on which the debtor was notified of the commencement of enforcement proceedings.
The above-mentioned fees are charged to the debtor if the creditor proves that he has applied for the enforcement to be discontinued due to an agreement with the debtor. If the creditor does not do this, the bailiff's costs will have to be paid by himself.