Debt collection

Online real estate bailiff auction – changes in the law

On September 19, the provisions of the Act on the Code of Civil Procedure, which introduce the so-called e-auction of real estate during bailiff enforcement. The regulations are to facilitate the sale of real estate in this manner and to hinder possible price collusion.

The possibility of auctioning real estate during a bailiff auction via the Internet is a natural consequence of the intensified trend of computerization of the justice system in the time of the Covid-19 pandemic. E-auctions as such – but limited only for movable and specific, narrow types of real estate – have existed since 2017, but only now has it been decided to extend electronic auctions to real estate.

Announcements about e-auctions are published on the website of the National Council of Bailiffs, and you can participate in the auction via the website elicytacje.komornik.pl. The duration of the auction is 7 days, and bids are submitted electronically, after registering the appropriate account. This type of auction takes place at the request of the creditor.

While the introduction of these regulations should be considered a step in the right direction, it should not be forgotten that until now there are still restrictions in real estate bailiff auctions related to the state of epidemic, prohibiting the auction of real estate that is used by the debtor to meet his housing needs.

Author team leader DKP Legal Magdalena Napierała
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