Bailiff enforcement is an extremely problematic phenomenon that can not be underestimated. Within it, you can lose virtually any item of property. However, what does the bailiff do when there is nothing to get the debt from?
The debtor’s debtor is uneven. Persons who are burdened with unpaid obligations may be in extremely different situations. On the one hand, they can have debt from one source. On the other hand, it can be long-term debt from various sources.
Others do not regulate delinquent premeditated commitments, not wanting to regulate this expense. Others do not pay back because they have no money. This second group is the highest risk group. Lack of funds to get out of debt means that debt collection activities are getting bigger and bigger.
What can a bailiff take?
The natural course of things in this situation is the bailiff’s execution, which is always very serious. The bailiff, having the appropriate order, has the right to take over virtually every valuable item of property to repay the debt.
It can be a coffee machine, TV, computer, laptop, jewelry and precious clothing. What’s more, they can also be larger items – a bicycle, a car, a tractor.
In addition, the bailiff can take over the plot, house or flat. There is still financial resources on the long list – these can be taken by bailiffs in any form. Both cash and stock exchange, savings accounts and bank accounts. This also includes cash benefits and alimony.
What does the bailiff do when there is nothing to get the debt from?
There are, however, unusual and extreme, but common situations, when the debtor is in so much trouble, that there is nothing to give to the bailiff. Literally. There are no precious assets, no cash or anything. Nothing.
What is the bailiff doing in such a situation, whose task is to enforce the debt repayment? In the event of a thorough verification of the debtor’s life situation and the assessment that he actually does not have any precious assets – then the bailiff’s proceedings may be discontinued.
This is preceded by scrupulous checks, which is why it is worth not to conceal any aspects of the property. After the debtor declares that he has nothing to give to the bailiff, there are 7 days (a week) left to decide.
The bailiff sends a letter in which he expects details of the indebted estate. If he does not get a response for 7 days (week), then it is the decision to redeem.
How can you find out about the discontinuation of the proceedings?
In the event of a decision to discontinue the proceedings, the bailiff again sends a letter to the debtor. He writes there that the execution he wanted to do was ineffective. The costs incurred by the creditor for the advances granted to the bailiff are presented. At the end, the court bailiff attaches the place and date of the decision.
Redemption – and what next?
After sending an appropriate letter, the bailiff directs to the court an application to enter the debtor into the Register of Insolvent Debtors. This database collects data on, as the name suggests, people who are indebted and do not have property to allow the execution of a bailiff.
Does canceling bailiff proceedings mean its cancellation?
In no case. The bailiff, deciding about the discontinuance of bailiffs’ proceedings, decides at the same time to suspend these activities in the temporary dimension. Execution is postponed, but the rest remains unchanged. Debts still exist in their current form, further interest accumulates, and the bailiff continues to monitor the debtor.
How much debt collector can wait for the bailiffs to resume their proceedings?
In a situation when the debt collector redeems his actions, the action ends. Contrary to appearances, it does not have to be a short period, or several months. The law gives the court bailiff permission to resume the dismissed execution even up to 10 years after making that decision.
However, when deciding to discontinue the enforcement process, the bailiff has no right to several of the following.
- He can not visit the debtor in his place of residence.
- He has no right to enter the debtor’s flat.
- In an apartment, he can not look for any items to pay for debt.
What causes actions to be resumed?
Bailiffs’ actions may be resumed at any time only and exclusively by submitting a new application by the creditor, ie by the entity with whom the debtor has his debt. Then, the bailiff has the right to resume operations and check the debtor’s property again.