The National Register of Debtors, i.e. information about debtors!

Service

Work is underway to create the National Register of Debtors - an open register, which will include information on indebted individuals and entrepreneurs. It is to replace another state register - the Register of Insolvent Debtors, which does not work properly and does not allow the contractor to be easily checked in it. Where to check contractors now and what is the National Register of Debtors to change from February 2019?

National Debt Register, i.e. what is to change?

If the Sejm passes the act on the National Register of Debtors (KRZ), then searching for information about debtors will become much easier. The register will be public, available on the Internet, and the search in it will be free of charge. The criteria for searching debtors are to be defined in such a way that the search gives a certain result. They are to be, among others NIP, REGON and PESEL identification numbers. The planned date of launching the new registry is February 1, 2019.

Who will go to the National Register of Debtors?

In the National Register of Debtors, we find primarily information about those debtors against whom bankruptcy proceedings or unsuccessful bailiff enforcement have been pending. Data for the register will be transferred from courts and by bailiffs.

However, debtors who are in arrears with their contractors with payment will not be entered in the National Register of Debtors (the exception is the situation when bailiff enforcement has been initiated for such arrears, which turned out to be ineffective). The entrepreneur will not be able to submit an application to enter his debtor in this register. Other registers kept by economic information bureaus (more on this later in the article) are used to search for information about such debtors and enter them.

Information on the following debtors will be entered in the National Register of Debtors:

  • bankrupt or threatened by bankruptcy, i.e. those against which restructuring proceedings (within the meaning of the Restructuring Law) or bankruptcy proceedings are or have been conducted;

  • against whom enforcement was carried out, which was discontinued due to ineffectiveness;

  • who are in arrears with the payment of maintenance for a period longer than 6 months, against which the enforcement of maintenance payments is pending;

  • partners of bankrupt personal commercial companies who are liable for the company's obligations without limitation with all their assets, if the company's bankruptcy has been announced, secondary bankruptcy proceedings have been initiated or the petition for bankruptcy of the company has been dismissed pursuant to Art. 13 sec. 1 or 2 of the Act of February 28, 2003 - Bankruptcy Law;

  • for whom there is or have been conducted proceedings for a ban on conducting business activity and performing functions in supervisory and management bodies due to a culpable failure to submit a bankruptcy petition or other irregularities related to bankruptcy proceedings.

Entry in the National Register of Debtors up to 10 years

Entering into the National Register of Debtors may damage your reputation for many years. The entry will be deleted after:

  • 10 years - from the date of final completion or discontinuation of the bankruptcy or restructuring proceedings to which the entry relates;

  • 3 years - when an arrangement or repayment plan was concluded with the debtor against whom bankruptcy was announced, the creditor and the debtor performed this arrangement or repayment plan; the deadline is counted from the approval of the arrangement or the confirmation of the repayment plan;

  • 3 years - after the expiry of the period for which the ban on conducting business activity or performing specific functions has been issued;

  • 7 years - from the date of entry of the maintenance debtor or the person against whom the bailiff's enforcement was ineffective.

Register of Insolvent Debtors

Today, an open and public Register of Insolvent Debtors (DAM) operates within the National Court Register. The problem is that it is basically useless to check a potential contractor in it and is to be liquidated after the creation of the National Register of Debtors. Why?

The Register of Insolvent Debtors cannot be searched e.g. by the name of the contractor, NIP number, REGON number, KRS number or PESEL number. To obtain data from this register, enter the number under which the person you are looking for was entered into the DAM. It's just that if someone knows the number under which the contractor was entered into the DAM, it means that he already knows that he is dealing with an indebted person. Checking will only confirm this fact. However, it is not possible to search whether a specific person is entered in this register at all.

Therefore, when the National Register of Debtors is established, data from the Register of Insolvent Debtors will be transferred to it. The latter will be liquidated.

Start a free 30-day trial period with no strings attached!

Economic Information Offices, i.e. private debt registers

There is no information in the state registers (the current Register of Insolvent Debtors and the future National Register of Debtors) about companies and consumers who are in arrears with their contractors, but for whom enforcement has not yet been found ineffective and no bankruptcy proceedings have been conducted.

Information whether a company operating on the market has debts and what is its financial condition is of great importance before signing a contract with it - it may depend on whether it will be able to fulfill the contract. Such information is provided by private economic information bureaus (BIGs).

You can report information about your contractor's debt to economic information bureaus (this requires the prior conclusion of an agreement with BIG). It should be remembered that when the debt is repaid, the creditor who has reported information about the debtor to BIG is obliged to remove the debt data from the register.

Both entering the debtor in the register kept by the economic information bureau and checking the debtor in this register are payable (according to the price list of a specific bureau).

Economic information offices operating in Poland:

  • BIG Info Monitor S.A.

  • ERIF BIG S.A.

  • National Debt Register BIG S.A.

  • National Economic Information Office S.A.

  • National Information on Telecommunications Debts BIG S.A.

Conditions for submitting information about the debt of a person who is not a consumer to BIG:

  • the obligation arose in connection with a specific legal relationship, in particular under a contract related to the performance of economic activity;

  • the total amount of the payable liabilities of the non-consumer debtor towards the creditor is at least PLN 500;

  • liabilities are due for at least 30 days;

  • at least one month has elapsed since the creditor sent a request for payment containing a warning about the intention to transfer data to the office, stating the business name and address of the office.

Conditions for submitting information on consumer debt to BIG:

  • the obligation arose in connection with a specific legal relationship, in particular under a consumer credit agreement;

  • the total amount of due liabilities of the debtor who is a consumer towards the creditor is at least PLN 200;

  • liabilities are due for at least 30 days;

  • at least one month has elapsed since the creditor sent a request for payment containing a warning about the intention to transfer data to the office, stating the business name and address of the office;

  • 10 years have not elapsed from the maturity date of the liability, and in the case of claims confirmed by a legally valid ruling of a court or arbitration court (or a settlement before a court, arbitration court or mediator and approved by the court) - 10 years have not elapsed from the date the claim was recognized.