On January 1st, 2018 new regulations regarding enforcement proceedings in Poland will enter into force. The new provisions regulate also the functioning of public bailiffs. There are several opinions that new provisions will significantly hinder pursuing claims by the creditors.
Changes in enforcement proceedings
From the beginning of the new year the creditors will have limited scope of choice with regard to bailiff which will conduct the enforcement proceedings. The creditor will be able to indicate only the bailiff from particular region in which the debtor has its seat or place of residence. In addition, the new law introduces the year limit of cases which can be conducted by particular bailiff. The limit will beset on 2500 cases per year. It can be increased up o 5000 cases per year if bailiff operates for more than 2 years and his or her effectiveness is more that 35%.
New regulations introduces also additional fee from creditors related to enforcement proceedings. If the enforcement in particular case proves to be ineffective, then the bailiff will charge the creditor with a fee of PLN 150. The amount of such fee is not related to the value of creditor’s claim.
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