Debt collection

Changes in debt enforcement procedure in Poland

The Polish Parliament passed the act on public bailiffs and act on enforcement costs. New regulation is related to many important issues concerning enforcement proceedings. One of the most important is introduction of fine for inexpedient initiation of enforcement proceedings and unified enforcement fee. The new provisions will enter into force on January 1st, 2019.

Enforcement activities

The new law impose on public bailiffs the obligation to record the sound and vision during performing their duties in the field (e.g. during seizure of debtor’s properties). In addition, the bailiff will be obliged to provide debtor with a form, which would allow them to file immediate complain on bailiff’s activities. Another novelty is the possibility of interrupting the enforcement by the accompanying police officer, if he or she considers that the bailiff’s activities are contrary with the provisions of law.

Fees

According to the new regulations, bailiff will charge the creditor with fee amounting to 8% of claim value, if the enforcement motion turns to be unfounded. In addition, the enforcement procedure was simplified by introducing unified 10% enforcement fee.

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Author team leader DKP Legal Michał Dudkowiak
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